Patna High CourtCR. MISC./81114/2023disposed

Rajan Sahani v. The State Of Bihar

2024-03-13Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81114 of 2023 Arising Out of PS. Case No.-425 Year-2020 Thana- TURKAULIYA District- East Champaran ====================================================== Rajan Sahani, Aged about 42 Years, Male, Son Of Ramraj Sahani, R/O Village- Raghunathpur, Ward No.2, P.S.- Turkauliya, Raghunathpur O.P., District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Singh, Advocate Mr. Rajesh Singh, Advocate Mr. Sudhir Kumar Singh, Advocate Mr. Priyesh Kumar, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 13-03-2024 Heard Mr. Sanjay Singh, learned counsel appearing on behalf of the petitioner and Mr. Anil Kumar Singh No. 1, learned APP for the State.

2. Petitioner, who is in custody since 02.11.2020, has renewed his prayer for regular bail in connection with Turkaulia P.S. Case No. 425 of 2020 registered for offences punishable under Sections 324, 326, 307, 302, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.81114 of 2023(2) dt.13-03-2024 2/3 petitioner informs that the petitioner was released on bail vide order dated 23.08.2022 passed in Criminal Miscellaneous No. 50662 of 2021 subject to the certain conditions. The learned District Court found that the statement made in paragraph no. 3 of the Criminal Miscellaneous No. 50662 of 2021 to be incorrect. He further submitted that the same was due to lack of proper information given by the pairvikaar, who could only give details of 19 cases in Criminal Miscellaneous No. 50662 of 2021.

4. Now the petitioner has renewed his prayer for bail after availing remedy before the learned District Court and has given correct information in paragraph no. 3 without suppressing or being ignorant of any information, which is required to be correctly pleaded in the present case.

5. Considering the fact and upon proper analysis having recorded the reasons, this Court had directed the petitioner to be released on bail vide order dated 23.08.2022 in Criminal Miscellaneous No. 50662 of 2021 and the petitioner has given details of the cases pending against him in paragraph no. 3 of the present bail application. The petitioner, above named, is directed to be released on bail on same terms and conditions as contained in order dated 23.08.2022 passed in

Patna High Court CR. MISC. No.81114 of 2023(2) dt.13-03-2024 3/3 Criminal Miscellaneous No. 50662 of 2021 and reasons assigned therein.

6. The District Court must further verify, as to in how many cases, the petitioner has been released on bail after order dated 23.08.2022. Then the above modification is subject to verification of the information, as to whether, in all the cases pending against the petitioner, he has been released on bail. In case, in any of the case, he still has not been released on bail then in that case, this order modifying the order dated 23.08.2022 passed in Criminal Miscellaneous No. 50662 of 2021 shall lose its force also in view of the fact that the modification has been sought after delay of nearby two years and will amount to purchasing time.

7. Accordingly, the present bail application is disposed of.

(Purnendu Singh, J) Niraj/- U T