Keddar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5814 of 2021 Arising Out of PS. Case No.-185 Year-2020 Thana- GAIGHAT District- Muzaffarpur ====================================================== KEDDAR SAHANI Son of Budhan Sahani Resident of Village- Laxman Nagar, P.S.- Gayghat, Distt- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Rakesh, Adv For the Opposite Party/s :

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 15-07-2021 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code. Informant in his written complaint has alleged that on 10.07.2020 at about 3:00 am in the morning, his father was killed by petitioner along with FIR named accused, when he remained in Mango Orchard to guard Mango fruits. It has further been alleged that one day prior also these accused persons had threatened father of Informant not to guard the mango orchard.

Learned counsel for the petitioner submits that he is innocent and has been falsely implicated in this case on mere suspicion only. Deceased was old person and died due to fall from Machan. There is no eye witness to the alleged occurrence.

Patna High Court CR. MISC. No.5814 of 2021(4) dt.15-07-2021 2/2 Petitioner has got no criminal antecedent and is in custody since 11.07.2020.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Gaighat PS Case No. 185 of 2020, 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/her absence on two consecutive dates without sufficient reason, his/her 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, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U