The State Of Bihar v. Hari Sahani

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40403 of 2018 Arising Out of PS. Case No.-187 Year-2016 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== The State Of Bihar ... Petitioner

Versus

Hari Sahani, S/o Sitaram Sahani, R/o Vill.- Mustafapur, P.S.- Bishanpur, District- Darbhanga ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Abhimanyu Sharma, APP For the Opposite Party :

Mr.

====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-02-2019 Heard learned counsel for the petitioner, who is State, and learned counsel appearing on behalf of the opposite party. By order, dated 16.01.2017, passed in Cr. Misc. No. 1241 of 2017, the opposite party was granted bail by this Court, who is an accused in L.N.M.U. P.S. Case No. 187 of 2016 for offences alleged under Sections 394, 324 and 307 of the Indian Penal Code and 27 of the Arms Act. Later on Section 302 of the Indian Penal Code has been added as the informant's brother succumbed to the injuries.

The present application has been filed for cancellation of bail granted to opposite party, Hari Sahni, on the ground as stated in paragraph 18 that the opposite party, after his release along with co-accused, started threatening the informant as well as the witnesses of the case, which is evident from perusal of Station Diary Entry Nos. 219 and 226 of L.N.M.U. Police

Patna High Court Cr.Misc. No.40403 of 2018(3) dt.13-02-2019 2/2 Station, dated 10.06.2017 and 11.06.2017 respectively. By order, dated 10.10.2018, the petitioner was directed to file a supplementary affidavit bringing on record the Station Diary Entry Nos. 219 and 226 of the L.N.M.U. Police Station, dated 10.06.2017 and 11.06.2017.

Today, supplementary affidavit has been filed on behalf of the petitioner enclosing the Station Diary Entry Nos. 219 and 226 of L.N.M.U. Police Station, dated 10.06.2017 and 11.06.2017 respectively, but, the name of the opposite party, Hari Sahni, has not been mentioned in the Station Diary or the complaint noted in the Station Diary rather, it is on the coaccused, Raunak Singh @ Chandan Singh. Under such circumstances, the bail granted to the opposite party, vide order, dated 16.01.2017, passed in Cr. Misc. No. 1241 of 2017, does not call for any interference. This application is dismissed.

(Nilu Agrawal, J) Shamshad/- U T