Rajesh Sahani v. The State Of Bihar

Patna High Court Cr.Misc. No.10779 of 2015 (2) dt.19-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10779 of 2015 Arising Out of PS.Case No. -122 Year- 2014 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Rajesh Sahani son of Harendra Sahani Resident of village - Khairimal tola - Balahighat, P.S. - Pipra, Dist. - East Champaran at Motihari. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dhurendra Kumar For the Opposite Party/s : Mr. Ramesh Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-03-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner happens to be co-villager of husband of the deceased but it is surprisingly enough that the learned VIIIth Additional Sessions Judge, Motihari rejected the regular bail application of the petitioner.

It appears to me that the learned court below failed to apply his judicial mind and passed the impugned order in mechanical manner.

Considering the aforesaid facts and circumstances as well as submission of the parties and also keeping in mind the period of detention of the petitioner in jail custody as well as this

Patna High Court Cr.Misc. No.10779 of 2015 (2) dt.19-03-2015 aspect of the matter that the petitioner does not have any criminal antecedent, let the petitioner named above, be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Pipra P.S. Case No. 122 of 2014 to the satisfaction of Chief Judicial Magistrate, Motihari.

However, learned court below is warned to be more cautious and vigilant while passing the order on bail petitions. (Hemant Kumar Srivastava, J) A.K.V./- U T