Deepak Kumar Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11126 of 2021 Arising Out of PS. Case No.-109 Year-2020 Thana- TISIAUTA District- Vaishali ====================================================== 1.
Deepak Kumar Sahni Son of Ram Kumar Sahni, resident of village- Marui, P.S.- Patepur, District- Vaishali at Hajipur. 2.
Tufani Sahni Son of Dhanraj Sahni, resident of village- Marui, P.S.- Patepur, District- Vaishali at Hajipur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Niranjan Parihar, Advocate For the Opposite Party/s :
Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 07-07-2021 In view of sudden resurgence of COVID-19 infection there is limited functioning of the High Court and therefore the matter has been listed for consideration through virtual mode. Heard learned counsel for the petitioners and the learned APP for the State.
This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office. Petitioners seek bail in Tisiauta P.S. Case No. 109 of 2020 registered for offence punishable under sections 392, 412 of the Indian Penal Code.
Patna High Court CR. MISC. No.11126 of 2021(2) dt.07-07-2021 2/3 Three miscreants have allegedly snatched some money, motor cycle and documents from the informant. It is submitted by the petitioners' counsel that FIR is against unknown persons. Based on confessional statement of co-accused Vikrant Kumar, having no evidentiary value the petitioners have been implicated. They are in custody since 01.10.2020 and have no criminal antecedents. There is no recovery from the petitioners and similar situated co-accused has been allowed bail in Cr. Misc. No. 7668 of 2021. Learned APP has opposed the prayer for bail.
Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioners is allowed.
Let the petitioners above named be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Hajipur (Vaishali) in Tisiauta P.S. Case No. 109 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioners who will give an affidavit genealogy as to how he is related with
Patna High Court CR. MISC. No.11126 of 2021(2) dt.07-07-2021 3/3 the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.
(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bonds will be liable to be cancelled.
(Madhuresh Prasad, J) Mahesh/- U T