Punyadeo Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50279 of 2017 Arising Out of PS.Case No. -268 Year- 2013 Thana -CHAKIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Punyadeo Sahni, S/o late Dharichhan Sahni, resident of villageBalochak Paithania, P.S.- Chakia, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sangeet Deokuliar, Advocate For the Opposite Party/s : Mr. Bisheshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 12-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Chakia P.S. Case No.268 of 2013 instituted for the offence under Section(s) 302/34 Indian Penal Code.

It is alleged that the petitioner is merely order giver. In the written report, it is alleged that on the order of this petitioner, Santosh and Panchu Sahani assaulted the son of the informant on account of which he died.

In such circumstances, from the written report itself, it appears that there is no allegation of any assault against this petitioner.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the

Patna High Court Cr.Misc. No.50279 of 2017 (3) dt.12-01-2018 2/2 event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Chakia P.S. Case No.268 of 2013, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, 13, Motihari, East Champaran, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) JA/- U T