Dina Nath Sahani @ Dina Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46931 of 2014 Arising Out of PS.Case No. -598 Year- 2012 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Dina Nath Sahani @ Dina Sahani S/o Late Bipat Sahani, resident of Village Jhakhiya, P.S. Banjariya, District East Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.Ram Adya Singh, Advocate Mr. Pramod Ranjan, Advocate For the Opposite Party/s : Mr. Shyam Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER -------------- 20-02-2015 Heard the parties.
The petitioner seeks bail in a criminal prosecution registered under Sections 386 and 387 of the Indian Penal Code. It is submitted that the petitioner is not named in the first information report vide Annexure-1 as an accused and he is in judicial custody since 23.03.2013.
Learned counsel appearing on behalf of the State points out that the petitioner is accused in several other criminal cases besides the present one. By way of reply, learned counsel for the petitioner submits that he has been granted bail in all other criminal cases.
Learned court below is directed to verify the fact from the relevant records. If the petitioner is not wanted in any other criminal case except the present one and has been released on bail in all other criminal cases, then he shall be released on bail on furnishing bail bond of Rs.25,000/-(Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court Cr.Misc. No.46931 of 2014 (2) dt.20-02-2015 2/2 learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Turkaulia P.S.Case No. 598 of 2012, subject to the following conditions:
(A) one of the bailors must be government servant or close family members of the petitioner who will file an affidavit in the court below showing his/her relationship with the petitioner, (B) if the petitioner is found involved in same and similar nature of cases in future, then in that case, the informant/prosecution shall be at liberty to file a petition for cancellation of bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned, and (C) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner.
However, it is clarified that if, on verification, it is found that the petitioner is wanted in some other criminal case in which he has not been granted bail, then it shall be construed that the prayer for bail made on behalf of the petitioner stood rejected by this Court and in that case, the petitioner shall not be granted the benefit of the present order granting him bail.