Lal Mohan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36107 of 2020 Arising Out of PS. Case No.-682 Year-2018 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== Lal Mohan Sahani S/o Prabhu Sahani Resident of Village- Hussepur Dobandha, P.s.- Sahebganj, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Ranjan,Advocate For the State :

Mr. Mithilesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 29-01-2021 Heard learned counsel for the petitioner and the learned APP for the State.

Learned counsel for the petitioner is expected to honor his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon.

The petitioner seeks bail in Kanti P S Case No 682 of 2018 instituted for the offence under Sections 395 and 397 of the Indian Penal Code and Section 3⁄4 of the Explosive Substances Act.

FIR of the occurrence of dacoity is against 25-30 unknown. Petitioner was remanded in this case from Chakiya PS Case No 327 of 2018. Thereafter, confession of the petitioner was made. The petitioner is in custody since 27.05.2019. Submission is that the petitioner had never put on Test Identification Parade during investigation nor any incriminating article was recovered from his possession. Out of the two cases mentioned in paragraph No 3 of the bail petition, the petitioner

Patna High Court CR. MISC. No.36107 of 2020(2) dt.29-01-2021 2/2 is on bail in both the cases.

The learned APP for the State opposed the prayer for bail. Considering the aforesaid, 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 the learned 1st Additional Sessions Judge, Muzaffarpur, in connection with Sessions Trial No 522 of 2019 arising out of Kanti PS Case No 682 of 2018, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T