Ravindra Sahani @ Lulahwa @ Lohba v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45925 of 2019 Arising Out of PS. Case No.-224 Year-2018 Thana- PATEPUR District- Vaishali ====================================================== RAVINDRA SAHANI @ LULAHWA @ LOHBA, aged about 25 years, Male, S/O Late Shivchandra Sahni, Resident of village- Marui, P.S.- Patepur, District- Vaishali.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satya Prakash Sinha For the Opposite Party/s :
Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-09-2019 Heard learned counsel for the parties.
Petitioner seeks bail in a case registered for the offence punishable under Sections 364/120(B) of the Indian Penal Code and Sections 13 /16/ 19/ 20 of UPA Act. Informant who is widow of deceased has stated in her written complaint that on 27.12.2018 at about 9.30 p.m., her husband and co-villager Ramesh Jha were returning back after irrigating the field and when Ramesh Jha was having conversation with his wife, Ramesh Jha told that he has been surrounded by FIR named accused and when they reached the place of occurrence along with other villagers they were threatened and asked to return back otherwise they would be killed. Thereafter, they returned to their house and suspected
Patna High Court CR. MISC. No.45925 of 2019(4) dt.27-09-2019 2/3 that the miscreants might have killed both of them. It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. Petitioner is not named in the F.I.R. and his name has surfaced in this case on the statement made by daughter of the informant. Petitioner has no criminal antecedent and he is in custody since 14.01.2019.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Patepur P.S. Case No. 224/2018 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case,
Patna High Court CR. MISC. No.45925 of 2019(4) dt.27-09-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Sanjay/- U T