Vijay Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74653 of 2022 Arising Out of PS. Case No.-208 Year-2022 Thana- MAKER District- Saran ====================================================== VIJAY SAHANI S/o Shivpujan Sahani R/o Village- Bhatha, P.S.- Maker, Distt- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Pandey, Adv.

For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-04-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 324, 325, 307, 354, 379, 316, 506 and 34 of the Indian Penal Code. According to prosecution case, there is allegation against the petitioner that he assaulted on the shoulder of the informant by means of iron rod causing fracture injury on his right shoulder.

Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the petitioner and the informant are gotiyas and there is admitted

Patna High Court CR. MISC. No.74653 of 2022(3) dt.04-04-2023 2/3 dispute between them. He further submits that although the injury report of the informant suggests that injury is grievous in nature. He further submits that due to same occurrence, both side sustained injury and the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 20.09.2022.

The learned counsel for the informant as well as learned Additional Public Prosecutor for the State on the other hand vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below, where the case is pending, in connection with Maker P.S. Case No. 208 of 2022, subject to the following conditions:-

1. 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 the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

Patna High Court CR. MISC. No.74653 of 2022(3) dt.04-04-2023 3/3

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) amit/- U T