Sunil Kumar @ Sunil Sahani v. The State Of Bihar

Patna High Court Cr.Misc. No.55678 of 2016 (2) dt.09-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55678 of 2016 Arising Out of PS.Case No. -242 Year- 2013 Thana -MINAPUR District- MUZAFFARPUR ====================================================== Sunil Kumar @ Sunil Sahani, S/o Raju Sahani @ Rajdeo Sahani, resident of Village Panapur, P.S. Minapur, District- Muzaffarpur. .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Ranjan No.II For the Opposite Party/s : Mr. Sri Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 09-01-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Minapur P.S. Case No. 242 of 2013 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307 and 504 of the Indian Penal Code in which Section 302/34 IPC was added later on. Allegedly, co-accused Anil Sahani is the assailant and the petitioner was simply the member of mob.

Submission is of false implication and that co-accused Anil Sahani who is the assailant has already been allowed bail vide Cr. Misc. No. 40977 of 2015 considering the custody, the petitioner is suffering in custody since 05.08.2016, chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence.

Learned APP submits that the petitioner was also present at

Patna High Court Cr.Misc. No.55678 of 2016 (2) dt.09-01-2017 the time of committing the crime.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Minapur P.S. Case No. 242 of 2013, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T