Patna High CourtCR. MISC./2879/2016bail granted

Verma Sahani And ANR v. The State Of Bihar

2016-05-11Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2879 of 2016 Arising Out of PS.Case No. -284 Year- 2014 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Verma Sahani S/o Late Dayali Sahani, Resident of Village- Banparua, P.S.- Dumari Ghat, District- East Champaran.

2. Arun Kumar Sahani @ Arun Sahani, son of Motilal Sahani, Resident of Village- Dumariya Ghat, Police Station- Dumariya Ghat, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Ranjan For the Opposite Party/s : Mr. Madan Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 11-05-2016 Heard.

Petitioners are in jail custody since 18.06.2014 and 19.06.2014 respectively.

Earlier, the prayer for bail of the petitioners was rejected vide order dated 18.05.2015 passed in Cr. Misc. No. 13413 of 2015 and one analogous case but again this second bail petition has been filed on behalf of the petitioners on the ground that trial of the petitioners is pending since long and except one witness, no one has identified the petitioners. Although it is a serious case of loot but only driver of the concerned vehicle is said to have identified the petitioners,

Patna High Court Cr.Misc. No.2879 of 2016 (3) dt.11-05-2016 2/2 who are languishing in jail custody since long and the looted vehicle is said to have been recovered near the house of coaccused Oshiyar Sahani, who has already been granted privilege of bail. So far as present position of the trial is concerned, up till now, only one prosecution witness could be examined. Considering the above stated facts and circumstances as well as the present stage of trial of the petitioners, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of 9th Additional Sessions Judge, Motihari, East Champaran in connection with Motihari Town P.S.Case No. 284 of 2014/ Session trial no. 363 of 2015/ Sl.No. 408 of 2015. (Hemant Kumar Srivastava, J) N.K/- U T