Pramod Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7757 of 2018 Arising Out of PS.Case No. -37 Year- 2017 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Pramod Sahani S/o Sitaram Sahani, R/o Khatolwa Gawandari, P.S.- Kesariya, District- East Champaran, At motihari. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vibhakar Kumar For the Opposite Party/s : Mr. Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 27-02-2018 Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 09.01.2018 in connection with Kesariya P.S. Case No. 37/2017 for the offences registered under Sections 147, 148, 149, 341, 323, 324, 325, 307 and 447 of the Indian Penal Code.

Learned counsel for the petitioner submits that though it is alleged that the petitioner had given a Farsa blow and the injuries have been found to be grievous, but there is case and counter case between the parties and there are injuries on both sides. It has further been submitted that the petitioner is ready to co-operate in the investigation so that the case may reach its conclusion.

Patna High Court Cr.Misc. No.7757 of 2018 (3) dt.27-02-2018 2/3 Learned counsel for the State submits that there was some dispute between the parties and for that another case bearing Kesariya P.S. Case No. 38/2017 has also been lodged by the father of the present petitioner and as such, there appears to be a series of disputes between the parties.

Having considered the aforesaid facts and circumstances of the case and that the petitioner has no criminal antecedent, 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 Chief Judicial Magistrate, Motihari in connection with Kesariya P.S. Case No. 37/2017, subject to the following conditions:-

(1) One of the bailors will be his own relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in Court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons his bail bonds shall be liable to be cancelled by

Patna High Court Cr.Misc. No.7757 of 2018 (3) dt.27-02-2018 3/3 the learned Court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J.) Rakhi U T