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Patna High CourtCR. MISC./58210/2018bail granted

Sanjit Kumar Sahni @ Sanjit Sahni @ Sanjit Kumar And ORS v. The State Of Bihar

2018-10-26Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58210 of 2018 Arising Out of PS. Case No.-118 Year-2018 Thana- PAHARKATTA District- Kishanganj ======================================================

1. Sanjit Kumar Sahni @ Sanjit Sahni @ Sanjit Kumar son of Raghuvir Sahni.

2. Rajin Sahni @ Rajo Sahni son of Siyaram Mukhia

3. Sukran Sahni @ Sukhran Sahni son of Sagar Sahni

4. Binod Sahni son of Sagar Sahni

5. Jogindar Sahni son of Anandi Sahni and

6. Bindeshwar Sahni son of Sukan Sahni All residents of VillageDamalbari Kachhari Basti, P.S. Paharkatta, District- Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Singh For the Opposite Party/s :

Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-10-2018 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the Informant. Petitioners seeks bail in Paharkatta P.S. Case No. 118 of 2018 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

Informant in her written complaint has stated that the legs and hands of her husband was cut by the petitioners along with FIR named accused when he had gone to purchase vegetables at Damalwadi Market and during course of treatment

Patna High Court Cr.Misc. No.58210 of 2018(3) dt.26-10-2018 2/3 he died in the Hospital.

It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case on mere suspicion. Except suspicion there is no incriminating material against the petitioners to implicate them in this case. Petitioners have got no criminal antecedent and are in custody since 31.08.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Kishanganj, in connection with Paharkatta P.S. Case No. 118 of 2018, subject to following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel their bail bond.

(3) If the petitioners tampers with the

Patna High Court Cr.Misc. No.58210 of 2018(3) dt.26-10-2018 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) ranjan/- U