Shatrudhan Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.78496 of 2018 Arising Out of PS. Case No.-139 Year-2017 Thana- GORAUL District- Vaishali ====================================================== Shatrudhan Sahni S/o Late Paltan Sahni, resident of Village-Rusulpur, Fateh, Police Station- Goraul (O.P. Kathara) District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Ranjan Sinha, Adv.
For the Opposite Party/s :
Mr. Ram Bilash Roy Raman (APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-01-2019 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Goraul P.S. Case No. 139 of 2017 registered for the offences punishable under Sections 302, 341, 323, 447, 307, 504 and 34 of the Indian Penal Code.
According to FIR, petitioner along with F.I.R. named accused persons assaulted the father of the informant as a result of which he died subsequently.
It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case due to old enmity. There is no specific allegation against the petitioner. Similarly placed coaccused Deva Sahani has been granted bail by co-ordinate
Patna High Court Cr.Misc. No.78496 of 2018(2) dt.11-01-2019 2/2 bench of this court passed in Cr. Misc. No. 19890 of 2018 vide order dated 12.04.2018. Petitioner is in custody since 23.07.2018.
Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Vaishali at Hajipur, in connection with Goraul (Kathara O.P.) P.S. Case No. 139 of 2017, subject to conditions:
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T