Sahdeo Kumar Sahni @Sahdeo Sahni @ Chhedi Kumar Sahni @ Akash @ Danish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60796 of 2017 Arising Out of PS. Case No.-642 Year-2015 Thana- SHASTRINAGAR District- Patna ====================================================== SAHDEO KUMAR SAHNI @SAHDEO SAHNI @ CHHEDI KUMAR SAHNI @ AKASH @ DANISH S/o Late Dasrath sahni, R/o Village-Supaul Bazar, Hatgachhi, P.S.-Biraul, District-Darbhanga at Present Resident of Mohalla-Phulwarisharif, Khalilpura, P.S. Phulwari, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Advocate Mr. Nikhil Kumar Agrawal Mr. Santosh Kumar For the Opposite Party/s :

Mr. SRI SURENDRA PRASAD SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner wants to renew his prayer of bail, which was earlier rejected vide order dated 01.07.2016 and 10.05.2017 passed in Cr. Misc. No. 21871 of 2016 and 19226 of 2017 respectively, on the ground that the petitioner is in custody since 05.01.2016 having no criminal antecedent, other co-accused persons have been allowed bail, besides recovery of one SIM there is no legal and tangible material against the petitioner, further the trial has not been concluded within the stipulated period and up-till now no prosecution witness has been examined which is evident from the impugned order dated

Patna High Court Cr.Misc. No.60796 of 2017(2) dt.20-12-2017 2/2 13.11.2017 and as such the petitioner deserves sympathetic consideration.

Learned APP fairly submits that the trial has not been concluded within the stipulated period.

In the facts and circumstances stated above, considering that up-till now no prosecution witness has been examined and in near future the trial is not likely to be concluded and there is no chance of tampering with prosecution evidence, the petitioner above named is directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge VIII, Patna in Sessions Trial No. 374 of 2016 arising out of Shastrinagar P. S. Case No. 642 of 2015, 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. avin/- (Jitendra Mohan Sharma, J) U T