Pappu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36948 of 2022 Arising Out of PS. Case No.-117 Year-2021 Thana- PATEPUR District- Vaishali ====================================================== Pappu Sahani S/O Khur Khur Sahani Resident of Village- Raghopur Narsanda, P.S.- Patepur, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Adv.

For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Patepur P.S. Case No. 117 of 2021 lodged under sections 147, 148, 149, 341, 323, 354, 379,307 of the Indian Penal Code. As per the prosecution case, the allegation against the present petitioner is that he along with 18 other named persons visited the house of the informant with iron rod, lathi, bhala and assaulted the informant's family, broken hand, cut the nose and outrage the modesty of the women of informant's family. Allegation of snatching gold chains and earnings is there. Allegation of taking Rs 22,000/- from the box is also there.

Patna High Court CR. MISC. No.36948 of 2022(2) dt.21-09-2022 2/3 Learned counsel for the petitioner submits that the entire allegations made in the F.I.R. are general and omnibus in nature. There is nothing specific against of the accused persons. Learned counsel further submits that both petitioner and informant are the residents of same village and over some petty issue the dispute took place. Learned counsel further submits that with the interference of local people a compounding petitioner has been filed which is in Annexure-2. Learned counsel further submits that petitioner is a man of clean antecedent and he is in custody since 06.06.2022, charge sheet has already been filed in this case.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur in connection with Patepur P.S. Case No. 117 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall

Patna High Court CR. MISC. No.36948 of 2022(2) dt.21-09-2022 3/3 appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ashishsingh/- U T