Vijay Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4130 of 2021 Arising Out of PS. Case No.-310 Year-2018 Thana- JANDAHA District- Vaishali ====================================================== Vijay Sahni Son of Late Ramdhani Sahni Resident of Village-Dih Buchauli, P.S-Jandaha, District-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

16-03-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Jandaha P.S. Case No. 310 of 2018, registered for the offence under Section 307 & other allied sections of the Indian Penal Code, Section 27 of the Arms Act and Section 3 of U.A.P. Act.

As per the prosecution case, 9-10 unknown miscreants covering their faces came to the house of the informant and committed the murder of informant's brother.

It is submitted on behalf of petitioner that petitioner is not named in the FIR. Name of petitioner has come on the basis of confessional statement of co-accused Ritu Devi, who has already been granted bail by a coordinate Bench of this Court, vide order dated 11.09.2019 passed in Cr.Misc. No. 43046 of 2019 alongwith one analogous case. It is further submitted that other similarly situated co-accused have also been granted bail

Patna High Court CR. MISC. No.4130 of 2021(2) dt.16-03-2021 2/2 by this Court, vide Annexure - 2 series to the bail application. Petitioner is in custody since 21.10.2019. Chargesheet has already been submitted.

Considering the aforesaid facts and circumstances, the bail application of petitioner is allowed. Let the above named petitioner 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 learned A.C.J.M.-XI, Vaishali at Hajipur in connection with Jandaha P.S. Case No. 310 of 2018, on the following conditions:

"(1) Petitioner shall cooperate 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 on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.".

(Prabhat Kumar Singh, J.) anay U T