Ravi Sahni And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5464 of 2017 Arising Out of PS.Case No. -413 Year- 2016 Thana -SARAIYA District- MUZAFFARPUR ======================================================

1. Ravi Sahni S/o Ganesh Sahni

2. Anil Sah S/o Arjun Sah

3. Raj Kumar Paswan S/o Nand Kishore Paswan All resident of village- Chandpersa, Bhagwatiya, P.S.- Kesariya, DistrictMotihari (East Champaran). .... .... Petitioners

Versus

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

For the Petitioners : Mr. Sanjay Kumar @ S.K., Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-02-2017 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 29.03.2016 in connection with Saraiya P.S. Case No. 413 of 2016 for the offences alleged under Sections 419, 420 and 489(C)/34 of the Indian Penal Code.

3. It is submitted that the petitioners have been falsely implicated as ingredients of Section 420 of the IPC are not made out against them even on bare perusal of the first information report. The offences under Sections 419 and 489C of the IPC are bailable.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate(W), Muzaffarpur in connection with Saraiya P.S. Case No. 413 of 2016 with the following conditions:

(i) That one of the bailors of each of the petitioners shall

Patna High Court Cr.Misc. No.5464 of 2017 (2) dt.07-02-2017 2/2 be their close relative other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Vikash Jain, J) B.T/Chandran U T