Bikash Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69851 of 2021 Arising Out of PS. Case No.-155 Year-2021 Thana- BIRAUL District- Darbhanga ====================================================== BIKASH SAHNI S/o Baidyanath Sahni Resident of Village Afzala Khewa, P.S. - Biraul, District - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s :
Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-07-2022 A supplementary affidavit has been filed through e-mail in which the compromise petition is annexed. The same is kept on record.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 313, 315, 494, 506 and 34 of the Indian Penal Code.
By order dated 07.06.2022, notices were issued on the Opposite Party No. 2 and the office report records that neither service report nor A/D cover has been received till today. The Court proceeds to decide the case.
Since the learned counsel for the petitioner has submitted that a compromise petition has been filed in the learned court below between the petitioner and the informant on
Patna High Court CR. MISC. No.69851 of 2021(3) dt.26-07-2022 2/2 intervention of well-wishers, the informant has chosen not to pursue the present case against the petitioner. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
In view of the submission made by the learned counsel for the petitioner, the petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Biraul P.S. Case No. 155 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. The learned Court below before accepting the bail bonds of the petitioner shall call the informant in order to verify the genuineness of the compromise petition. In the event, if the informant submits that the compromise petition has been filed on intervention of the well-wishers then the bail bond shall be accepted. In the event, if the informant refuses to acknowledge the compromise then the present order shall not be acted upon. (Satyavrat Verma, J) Shivam/- U T