Rajesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36953 of 2022 Arising Out of PS. Case No.-283 Year-2020 Thana- KARJA District- Muzaffarpur ====================================================== Rajesh Sahani S/O Gonour Sahani, R/O Village-Barka Gaon, P.S.-karja, District-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar Singh, Advocate Mr. Akrity Aishwarya, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, 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 Karja P.S. Case No. 283 of 2020 lodged under Section 365 of Indian Penal Code.

As per the prosecution, F.I.R. has been filed against unknown. The informant has alleged that he and his son used to reside out side and his wife used to reside at house alone. In the evening of 09.11.2020 she has not returned, it has been intimated to him by the local person that his wife was seen in the night of 08.11.2020 at about 8.00 pm, with this allegation

Patna High Court CR. MISC. No.36953 of 2022(2) dt.21-09-2022 2/3 the F.I.R. has been lodged.

Learned counsel for the petitioner submits that name of the present petitioner has figured in this case only in the second charge sheet. In the first charge sheet the name of petitioner's father has come. He further submits that there is no material against the petitioner. His bail petition has been rejected by the Addl. District and Sessions Judge, Muzaffarpur only and only on the ground that the bail petition of co-accused Ganaur Sahni has already been rejected. Learned counsel for the petitioner further submits that petitioner is in custody since 24.03.2022 having clean antecedent and charge sheet has already been filed in this case. He further submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him by the Court.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of the 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 Chief Judicial Magistrate, Muzaffarpur in connection with Karja P.S. Case No. 283 of

Patna High Court CR. MISC. No.36953 of 2022(2) dt.21-09-2022 3/3 2020, 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 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 an 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.) ravishankar/- U T