← Library
Patna High CourtCR. MISC./44148/2021bail granted

Binod Sahani v. The State Of Bihar

2021-08-18Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44148 of 2021 Arising Out of PS. Case No.-326 Year-2019 Thana- PIPRA District- East Champaran ====================================================== BINOD SAHANI S/o- RAGHUNATH SAHANI Resident of VillageMadhubani Ghat, P.S.- Muffasil, District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mrs.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-08-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code.

Prayer for bail of this petitioner was earlier rejected by this court vide order dated 01.02.2021 passed in Cr. Misc. No. 18745 of 2020.

It is submitted that on 18.01.2021 charge has already framed in this case. It is stated in paragraph 3 of the bail petition that petitioner is accused in 10 cases but almost in all those cases the petitioner is on bail. The petitioner has been remanded in this case on 15.11.2019 and since then he is in custody. Learned counsel appearing for the State opposes the prayer for bail.

Patna High Court CR. MISC. No.44148 of 2021(2) dt.18-08-2021 2/2 Considering the facts of the case, the period of custody of the petitioner and the fact charge has already framed in the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran, Motihari in connection with Pipra PS case No. 326/2019 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/ her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) BKS/- U T