Patna High CourtCR. MISC./5382/2017bail granted

Ramesh Sahni v. The State Of Bihar

2017-02-07Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5382 of 2017 Arising Out of PS.Case No. -114 Year- 2016 Thana -MAJORGANJ District- SITAMARHI ====================================================== Ramesh Sahni, son of Late Dinesh Sahni, resident of village Dumri Kala, P.S. Majorganj, District Sitamarhi.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Virendra Kumar, Adv For the State : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-02-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 15.05.2016 in connection with Majorganj P.S.Case No. 114 of 2016 for the alleged offences under Sections 272, 273 of the Indian Penal Code and Section 47(a) of the Bihar Excise Act.

3. It is submitted that the petitioner has been falsely implicated and as a matter of fact 18 litres of Nepali liquor has not been recovered from the possession of the petitioner. The petitioner has been implicated out of political rivalry and has already suffered more than eight months in custody. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten

Patna High Court Cr.Misc. No.5382 of 2017 (2) dt.07-02-2017 thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Majorganj P.S.Case No. 114 of 2016 on the following conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv)That the petitioner will be well represented on each and every date and if he fails to do so on two consecutive dates without sufficient reason, his bail bond will be liable to be cancelled by the Court concerned.

(Vikash Jain, J) Chandran/Ibrar U T