Rakesh Sahni @ Rakesh Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60157 of 2021 Arising Out of PS. Case No.-274 Year-2020 Thana- BENIPATTI District- Madhubani ====================================================== 1.
RAKESH SAHNI @ RAKESH SAHANI S/o BRIJNANDAN SAHNI R/o VILLAGE-KARKAULI, P.S-DEWTI MUBBI OP, DISTRICTDARBHANGA. 2.
SUSHIL SAHNI S/o DINESH SAHNI R/o VILLAGE-PARSAUNI, P.SPUPRI, DISTRICT-SITAMADHI. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Prakash, Adv.
Mr.Vinod Kumar, Adv.
Mr.Gagan Deo Yadav, Adv.
For the Opposite Party/s :
Mr.Rajeev Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-11-2021 Heard the parties.
Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, office will place the matter before the Bench. The petitioners seek bail in a case registered for the offence punishable under Sections 457, 380 of the IPC. Earlier, the prayer for bail of these petitioners was rejected vide order dated 01.09.2021 passed in Cr. Misc. No.20039 of 2021 by this Court with a liberty to renew the prayer for bail after framing of charge.
Patna High Court CR. MISC. No.60157 of 2021(2) dt.03-11-2021 2/3 The petitioners have now filed this application for bail. It is submitted by learned counsel for the petitioners that charge has been framed against the petitioners. This fact is also supported by Annexure-3 to this application.
Considering the submissions made, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Benipatti P.S. Case No.274 of 2020, subject to the following conditions:
(1) One of the bailors of each petitioners will be own close relative of the petitioners who will give on affidavit genealogy as to how they are related to petitioners. The bailors will also undertake to inform the court if there is any change in the address of the petitioners.
(2) The bailors shall also state on affidavit that they will inform the court concerned if the petitioners are made accused in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
Patna High Court CR. MISC. No.60157 of 2021(2) dt.03-11-2021 3/3 (3) The petitioners shall remain physically present in the court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, their bail bonds shall be liable to be cancelled by the learned court concerned.
(4) The petitioners shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (5) The petitioners shall appear before the Police Station of their local area in the first week of each month till the disposal of the present case.
(Anjani Kumar Sharan, J) pallavi/- U T