Bharat Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56806 of 2022 Arising Out of PS. Case No.-194 Year-2020 Thana- PAROO District- Muzaffarpur ====================================================== Bharat Sahani S/O Late Rambalak Sahani R/O Village- Paroo Sahani Tola, P.S.- Paroo, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Kumar, Adv.

For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Paroo P.S. Case No. 194 of 2020 lodged under Sections 341, 323, 324, 307, 379, 435, 504, 509, 34 of the I.P.C. As per the prosecution case, the allegation against the petitioner is that 12 accused persons including the petitioner have reached to the house of the informant and surrounded the house. They forcefully entered into the house and attacked on the informant in result the informant injured and went to S.K.M.C.H. He has seen that all his son and wife are injured. There were head injuries to all. It has also alleged that the

Patna High Court CR. MISC. No.56806 of 2022(3) dt.21-02-2023 2/3 informant have also looted jewellery and cash, total amounting to Rs. 1,50,000/-.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He submits that the informant and the accused belongs to same ancestor and the said dispute has taken place only due to measurement of the common land and due to this dispute, petitioner along with his family members were made accused in this case. Counsel further submits that petitioner is in custody since 25.05.2022. There are 3 criminal cases pending against the petitioner in which he is on bail in all the cases. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Ms. Trisha Roy, J.M. 1st Class, Muzaffarpur in connection with Paroo P.S. Case No. 194 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall

Patna High Court CR. MISC. No.56806 of 2022(3) dt.21-02-2023 3/3 appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T