Dewa Kumar @ Dewa Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85364 of 2019 Arising Out of PS. Case No.-80 Year-2019 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== DEWA KUMAR @ DEWA SAHNI Son of Shri Rajendra Sahni Resident of Village - Kanti , P.S.- Kanti, Distt.- Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Verma, Advocate For the Opposite Party/s :

Mr.Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 09-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner in this case is seeking regular bail in connection with Kanti P.S. Case No. 80 of 2019 registered for the offences punishable under Sections 341, 323, 379, 504/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act.

Learned counsel for the petitioner submits that bare perusal of the FIR shows that there are general and omnibus allegations against two accused persons and no injury has been caused to the informant which is apparent form the impugned order itself. It is further submitted that co-accused has been granted bail by the learned court below itself. Learned APP has opposed the prayer for regular bail

Patna High Court CR. MISC. No.85364 of 2019(2) dt.09-01-2020 2/3 of the petitioner.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that there are general and omnibus allegations against the two accused and that no injury has been caused to the informant as there is no injury report, this fact has also been mentioned in the impugned order and further that co-accused has been granted regular bail by the court below, let the petitioner above named be released on bail in connection with Kanti P.S. Case No. 80 of 2019 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Muzaffarpur, subject to the condition as laid down under Section 437 (3) Cr.P.C. as under:

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from

Patna High Court CR. MISC. No.85364 of 2019(2) dt.09-01-2020 3/3 disclosing such facts to the Court or to any Police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) avin/- U T