Dilip Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44217 of 2022 Arising Out of PS. Case No.-297 Year-2022 Thana- SONEPUR District- Saran ====================================================== Dilip Sahani Son of Narsingh Sahni Resident of village - Sawaich, P.S.- Sonepur, Distt.- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 16-12-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. Let the defect (s), if any, as pointed out by the office, be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Sonepur P.S. Case No. 297 of 2022 registered for the alleged offences under Sections 341, 323, 324, 307 of the Indian Penal Code.

As per prosecution case, when the informant demanded Rs. 20,000/- which he extended as loan to the petitioner, some altercation took place and the petitioner gave a knife blow in the left abdomen of the informant. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.44217 of 2022(3) dt.16-12-2022 2/3 case. The allegation against the petitioner is that he gave knife blow to the informant but injury report shows simple injury caused by hard and blunt substance. The petitioner has never taken any money from the informant. The petitioner ran away from the custody in another case due to fear and lack of knowledge. For responding from the custody, the petitioner has been booked in another case. The petitioner is in custody since 23.05.2022 and charge-sheet has been submitted. Learned APP for the State opposes the prayer for bail submitting that the petitioner is a habitual offender and he has tried to flee away when he was being taken to the court.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, in connection with Sonepur P.S. Case No. 297 of 2022, subject to the conditions mentioned in Section 437(3) of the Cr.P.C.

(i) One of the bailors will be a close relative of

Patna High Court CR. MISC. No.44217 of 2022(3) dt.16-12-2022 3/3 the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T