Dhiraj Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4795 of 2019 Arising Out of PS. Case No.-117 Year-2018 Thana- VAISHALI District- Vaishali ====================================================== DHIRAJ SAHNI Son of Harendra Sahni Resident of Village- Sorhatha, Police Station- Vaishali (Belsar O.P.) in The District of Vaishali. ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Rajeev Ranjan For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-12-2019 Appellant seeks bail in connection with Vaishali (Belsar O.P.) P.S. Case No. 117 of 2018 registered for the offences punishable under Sections 147, 148, 149, 341, 342, 379, 353 of the Indian Penal Code and Sections 3 (i)(r), 3(i)(s) and 3(ii)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

As per FIR the appellant, who happens to be husband of Prakhand Padadhikari, entered inside the house of the informant and abused him, assaulted him and torn the papers. It further appears that appellant has criminal antecedents. Submission of learned counsel for the appellant is that whole allegation is false and concocted and he has already remained in custody for three months and charge sheet has been submitted, as such there is no chance of tampering with the

Patna High Court CR. APP (SJ) No.4795 of 2019(3) dt.16-12-2019 2/2 evidence.

Heard learned Special P.P., who has opposed the prayer for bail of the appellant.

Having heard both sides and in the facts and circumstances, as stated above, let appellant, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-I-cum-Special Judge, Vaishali at Hajipur, in connection with Vaishali (Belsar O.P.) P.S.Case No. 117 of 2018, subject to the condition that one of the bailors of the appellant shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned and further condition that he will not try to tamper with the evidence and thereat the informant of the present case, otherwise his bail bonds shall be cancelled.

Accordingly, this appeal is allowed and the impugned order dated 23.9.2019 is set aside.

(Vinod Kumar Sinha, J) spal/- U T