Rudal Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47801 of 2018 Arising Out of PS.Case No. -191 Year- 2017 Thana -PATAHI District- EASTCHAMPARAN (MOTIHARI) ======================================================
1. Rudal Sahani S/o Kailash Sahani, R/o vill.- Bokane Mishra Tola, P.S.- Patahi, District- East Champaran at Motihari. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2018 Heard the parties.
The petitioner seeks regular bail in connection with Patahi P.S.Case no.191 of 2017 registered for offences punishable under Sections 121, 121(A),120B of the Indian Penal Code, Section 25(1-B), (a), 25(1-AA), 25(1-AAA), 26, 35 of the Arms Act and Section 3/ 4 of Explosive Substance Act and Sections 16, 18, 18A, 18B, 49, 20 of Unlawful Activities (Prevention) Act, 1967.. Petitioner is not named in the FIR and he has been made accused later on on the basis of confessional statement of the coaccused. Submission of the learned counsel for the petitioner is that there is no recovery from the petitioner though he is accused in four other cases but those cases are quite old and now he is in
Patna High Court Cr.Misc. No.47801 of 2018 (2) dt.20-09-2018 2/2 custody since 16.4.2018 and another co-accused, who is named in the FIR has been granted bail by this Court, vide order dated 7.5.2018 passed in cr. Misc. No.28253 of 2018. Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of ACJM, East Champaran at Motihari in connection with Patahi P.S.Case nO.191 of 2017.
With following conditions :
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T