Patna High CourtCR. MISC./48631/2023allowed

Naresh Sahni @ Naresh Shahni @ Ranthi Express v. The State Of Bihar

2024-01-24Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48631 of 2023 Arising Out of PS. Case No.-188 Year-2011 Thana- BHAGWANPUR District- Vaishali ====================================================== NARESH SAHNI @ NARESH SHAHNI @ RANTHI EXPRESS Son of Late Jimedar Sahani Resident of village - Maksudanpakari, P.S. - Lalganj, Distt. - Vaishali at Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachin Kumar For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Bhagwanpur P.S. Case No. 188 of 2011 instituted for the offence under Sections 395, 397, 412 of the Indian Penal Code.

3. It is a case of misuse of the privilege of bail by the petitioner. The present case was registered in year of 2011 thereafter, the petitioner was enlarged on bail on dt. 21.1.2017 but due to his non-appearance in trial, his bail bond was cancelled by concerned court on 23.8.2017.

4. It is submitted by learned counsel for the petitioner that the petitioner has not misused the privilege of bail

Patna High Court CR. MISC. No.48631 of 2023(5) dt.24-01-2024 2/3 deliberately. The petitioner went to Delhi for his livelihood but his parvikar was not informing properly the Advocate due to which his bail bond was canncelled. The petitioner is languishing in judicial custody since 17.2.2023.

5. By way of supplementary affidavit, it has been brought on record by learned counsel for the petitioner that charge has been framed against the petitioner.

6. Learned APP appearing for the state has vehemently opposed the prayer of regular bail.

7. Considering the facts that the charge has been submitted as well as custody period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with S. Tr. No. 19 of 2014 arising out of Bhagwanpur P.S. Case No. 188 of 2011 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII, Vaishali at Hajipur with subject to following conditions:- (i) the petitioner shall co-operate in the trial and shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.48631 of 2023(5) dt.24-01-2024 3/3 (ii) In case, the petitioner is found trying to tamper with the evidence, his bail bonds shall be canceled by the trial court.

(Sunil Kumar Panwar, J) Amandeep/- U T