Mahesh Sahni v. The State Of Bihar

Patna High Court Cr.Misc. No.34508 of 2017 (2) dt.27-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34508 of 2017 Arising Out of PS.Case No. -121 Year- 2016 Thana -KALYANPUR District- SAMASTIPUR ====================================================== Mahesh Sahni Son of Ram Lal Sahni, R/o Village- Akwarpur, P.S.- Kalyanpur, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sujit Kumar Singh, Advocate For the Opposite Party/s : Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-07-2017 The petitioner seeks bail in connection with Kalyanpur P.S. Case No. 121 of 2016 registered for the offences punishable under sections 143, 342, 283, 333, 224, 225, 353, 427 and 504 of the Indian Penal Code.

Allegation against the petitioner is that on information the police party raided the house of co-accused Dilip Sahni where two police personnel were kept confined and both of them were freed by the police party. It is alleged that the petitioner alongwith 50-60 other accused persons assembled and surrounded the police party and confined two police personnel and also misbehaved with them and damaged the vehicles.

Learned counsel for the petitioner submitted that he has been falsely been implicated in this case. As a matter of fact one Radhey Shyam Prasad, A.S.I. of the police station came to the house of the Dilip Sahani and started abusing filthy languages assaulted him and started misbehaving with the female members. In this regard

Patna High Court Cr.Misc. No.34508 of 2017 (2) dt.27-07-2017 Dilip Sahani filed a case against the said police personnel. Moreover, the petitioner is in custody for more than eight months. Heard learned A.P.P. also.

Having heard both sides and considering the aforementioned facts that the petitioner is in custody for more than eight months, let petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur, in connection with Kalyanpur P.S. Case No. 121 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not adduce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the Court and on the event of failure on his part to appear before the Court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail. (Vinod Kumar Sinha, J.) veena/- U T