Rajesh Sahni @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 55336 of 2022 Arising Out of PS. Case No.-281 Year-2022 Thana- KADAMKUAN District- Patna ====================================================== Rajesh Sahni @ Rajesh Kumar s/o- Jagdish Sahni R/o village- Machhua Toli, P.S.- Kadamkuan, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhim Kumar Yadav, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, 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 Kadamkuan P.S. Case No. 281 of 2022 lodged under Sections 387, 120(B) and 34 of the I.P.C.

As per the prosecution case, allegation of demand of rangdari has been made in the F.I.R. against the petitioner on behalf of a person who is already in custody. Learned counsel for the petitioner submits that there is one criminal case pending against the petitioner in which he is on bail. Counsel further submits that petitioner is in custody since 09.06.2022. He also submits that in future, he shall not

Patna High Court CR. MISC. No. 55336 of 2022(2) dt.21-02-2023 2/3 involve in any crime and he is ready to fulfill all the conditions whatsoever shall be imposed upon him.

Upon specific query that whether charge has been framed in this case or not, counsel for the petitioner submits that charge has already been framed in this case and keeping the accused in jail after framing of charge is unnecessary. Learned counsel for the State opposes the prayer for bail and submits that informant is victim of rangdari. 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 Sub-Judge Xth Patna-cum-A.C.J.M. Patna in connection with Kadamkuan P.S. Case No. 281 of 2022, 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 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

Patna High Court CR. MISC. No. 55336 of 2022(2) dt.21-02-2023 3/3 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.) sadique/- U T