Bali Sahani @ Bali Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1766 of 2021 Arising Out of PS. Case No.-473 Year-2017 Thana- KUDHNI District- Muzaffarpur ====================================================== BALI SAHANI @ BALI SAHNI S/o Late Mahendra Sahani R/o VillageKarja Dih ( Nayatola), P.S.- Karja, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arvind Kumar For the Opposite Party/s :
Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-03-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner seeks bail in Kudhani P.S. Case No. 473 of 2017, registered for the offence punishable under Section 392 of the Indian Penal Code.
Earlier the bail application of petitioner was rejected vide order dated 13.07.2020. This is second attempt. Vide order dated 10.02.2021, report was called for regarding the stage of trial and same has been received (kept at flag 'R'), which reveals that case is fixed for evidence.
It is submitted that petitioner is in custody since 23.11.2019. In para 3 of the petition, it is stated that petitioner is accused in three more cases and in all those cases he is on bail. Considering the period of custody and stage of trial,
Patna High Court CR. MISC. No.1766 of 2021(3) dt.24-03-2021 2/2 the petitioner above-named, is directed to be enlarged 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 Chief Judicial Magistrate, Muzaffarpur in connection with Kudhani P.S. Case No. 473 of 2017, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T