Ram Pravesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70918 of 2019 Arising Out of PS. Case No.-232 Year-2018 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== 1.

RAM PRAVESH SAHNI Son of Hareram Sahni @ Harekishun Sahni R/o Village- Sripur, P.S.- Cheriyabariyarpur, District- Begusarai. 2.

Tuntun Sahni Son of Hareram Sahni @ Harekishun Sahni R/o VillageSripur, P.S.- Cheriyabariyarpur, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the State :

Mrs. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case for the offence registered under Section 302/34 of the Indian Penal Code and 27 of the Arms Act.

Prosecution case in short, is that the accused persons having come to the house of informant short fire to his mother as a result of which, the informant's mother received fire-arms

Patna High Court CR. MISC. No.70918 of 2019(7) dt.01-09-2020 2/3 injury and fell down. She was taken to hospital for treatment where the doctor declared her dead.

It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. Charge sheet/Prosecution report in this case has already been submitted. The petitioners are not named in the FIR. Their name surfaced in this case in the re-statement of the informant, made before the police. Subsequently, the informant filed a petition in the trial court vide Annexure-2 to the present application wherein he retracted from his earlier statement made before the police. In course of trial also, the informant retracted from his earlier statement and has been declared hostile by the prosecution. The petitioners are in custody since 27-06-2019. On behalf of the State, it is submitted that the petitioners are not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioners, above named, be released on bail on their personal bond to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Cheriya Bariyarpur P.S. Case No. 232 of 2018. Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with

Patna High Court CR. MISC. No.70918 of 2019(7) dt.01-09-2020 3/3 two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T