Ramashish Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19852 of 2018 Arising Out of PS.Case No. -126 Year- 2013 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== RAMASHISH SAHNI SON OF LATE BISHUNI SAHNI, RESIDENT OF VILLAGE NANKAR JOGAWALIYA KHAVSAR, POLICE STATION MADHUBAN, DISTRICT EAST CHAMPARAN .... .... Petitioner

Versus

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

For the Petitioner : Mr. Abhisek Kumar, Advocate For the Opposite Party : Mr. Mustaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 21-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is an accused in a case registered for offence under sections 302/34 IPC.

Learned counsel for the petitioner submits that the allegations are general and omnibus against all the accused persons and in respect of other co-accused person Daroga Sahani @ Saroga Sahni, the witness has specifically denied that they were not in a position to identify the accused persons since occurrence took place in a dark night and on that basis accused has been acquitted. Prior to the lodging of this case, petitioner is accused in

Patna High Court Cr.Misc. No.19852 of 2018 (3) dt.21-05-2018 2/2 one other case mentioned in paragraph 3 of the bail application, in which he is already on bail. Petitioner is in custody in connection with this case since 6.11.2017.

In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate IV, East Champaran, Motihari in Madhuban Police Station Case No. 126 of 2013 on the following conditions :- (a) One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.

(b) He/she will be well represented on each date and if he/she fails to do so on two consecutive dates, his/her bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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