Arun Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41556 of 2017 Arising Out of PS.Case No. -171 Year- 2015 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Arun Sahani, Son of Bindeshwari Sahani, Resident of Village- Naraha, P.S.- Rajepur, District- East Champaran.
.... .... 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 Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-09-2017 The petitioner seeks regular bail in connection with Rajepur P.S. Case No. 171 of 2015, registered for offences punishable under Section 397 of the Indian Penal Code and subsequently added Section 395 of the Indian Penal Code. Allegation against the petitioner that he along with several others committed dacoity in the house of the informant and also fired on the brother of the informant causing grievous injury to him.
It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and no specific allegation has been levelled against the petitioner. It has also been submitted that petitioner's name has transpired in this case on the basis of confessional statement of co-accused and one of the co-accused of
this case has already been granted bail by this Court vide order dated 23.06.2017 passed in Cri. Misc. No. 24832 of 2017 and petitioner has been in judicial custody since 04.05.2017. Heard learned A.P.P. also.
Having heard both sides, in view of the above facts and also other co-accused having similar allegation has already been granted bail by this Court, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Sadar, East Champaran, in connection with Rajepur P.S. Case No. 171 of 2015, subject to the 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) Petitioner shall mark his attendance in the concerned police station in the first week of each month till conclusion of trial.
(iv) The petitioner shall cooperate in the disposal
of trial and make himself available as and when required by the court and on the event of failure on his part 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.
(Vinod Kumar Sinha, J) sunil/- U T