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Patna High CourtCR. MISC./48771/2015bail granted

Sanjit Sahni v. The State Of Bihar

2015-11-24The Chief Justice3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48771 of 2015 Arising Out of PS.Case No. -107 Year- 2012 Thana -SAHIYARA District- SITAMARHI ====================================================== Sanjit Sahni S/o Sri Bindeshwar Sahni, resident of village- Niyamuddinpur @ Nimamuddinpur, P.S.- Sahiara, District- Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Virendra Kumar, Advocate For the Opposite Party/s : Ms. Asha Kumari (APP) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 24-11-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Sanjit Sahni, in connection with Sessions Trial No.531 of 2014 arising out of Sahiera Police Station Case No.107 of 2012, under Sections 395/412 of the Indian Penal Code.

Perused the above application and materials on record.

Heard Mr. Virendra Kumar, learned Counsel, appearing for the petitioner, and Ms. Asha Kumari, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that the accused above-named has been in custody since 16.05.2013 in connection with the case aforementioned on the basis of the confessional statement

Patna High Court Cr.Misc. No.48771 of 2015 (2) dt.24-11-2015 2/3 allegedly made by the co-accused, namely, Ashok Kumar, to the police and nothing has been recovered from his possession, similarly situated co-accused, namely Ganesh Kumar, has been released on bail, and charge sheet has been submitted, coupled with the fact that perusal of the materials available does not reveal such incriminating materials, which would warrant further detention of the accused-petitioner in custody, and in view also of the fact that the perusal of the materials does not reveal that the accused-petitioner's liberty on bail would adversely affect his trial, it is, in the interest of justice, hereby directed that the accused above-named shall be released on bail of Rs.10,000/- with two sureties, each of the like amount, subject to the satisfaction of learned Addl. Sessions Judge-I, Sitamarhi, in connection with Sessions Trial No.513 of 2014, arising out of Sahiara P.S. Case No.107 of 2012.

This direction for bail is further subject to the condition that the accused above-named shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear, in the learned Court below, as may be directed.

Patna High Court Cr.Misc. No.48771 of 2015 (2) dt.24-11-2015 3/3 In terms of the above observations and directions, this bail application shall stand disposed of. (I.A. Ansari, ACJ) Sunil/- U T