Allowed

Sunil Sahani and Ors. v. The State Of Bihar

Patna HC23 Jan 2014CR. MISC./39244/2013

Case brief

AI extract

What is this about?

The High Court at Patna granted anticipatory bail to petitioners accused of multiple IPC offences including murder attempt and theft, noting inconsistent versions by the informant and a counter complaint. Bail was granted with sureties and strict conditions including a genealogy affidavit by a relative, undertaking against implication in other cases, and cooperation in trial to prevent misuse.

What did the court decide?

Anticipatory bail granted on furnishing a bond of Rs. 5,000 with two sureties, subject to conditions including a genealogy affidavit, undertaking against other cases, and active participation in trial

Sunil Sahani and Ors. Vs The State Of Bihar — Anticipatory Bail | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.39244 of 2013

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====================================================== 1. Sunil Sahani S/o Ram Briksha Sahani, 2. Amit Kumar S/o Surajdeo Singh, 3. Ram Briksha Sahani, S/o Late Janaki Sahani, R/o Village – Pathi Bandhu Rai, P.S. Bhagwanpur, District – Vaishali …. …… Petitioners Versus The State of Bihar …. ….. Opposite party ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2 23-01-2014 Heard learned counsel for the Petitioners and the

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State.

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The Petitioners apprehend their arrest in a case instituted for the offence under Sections 143, 323, 324, 364, 379, 504, 325 and 307 of the Indian Penal Code.

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Considering that the informant gave another version earlier by way of Complaint Case No. 2031/13 and there is a counter version of the occurrence instituted by the mother of the petitioner no. 2, let the petitioners named above, in the event of their surrender/arrest within four weeks from the date of receipt/production of a copy of this order in connection with Bhagwanpur P.S. Case No. 144/2013, be released on anticipatory bail on furnishing bail bond of Rs. 5,000/- (five thousand) each with two sureties of the like amount each or any other surety to be fixed by the court below to the satisfaction of the Chief Judicial

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Patna High Court Cr.Misc. No.39244 of 2013 (2) dt.23-01-2014

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Magistrate, Vaishali at Hajipur subject to the conditions as laid down under sections 438(2) Cr. P. C.; and (i) That one of the bailors will be a close relative of each of the Petitioners, who will give an affidavit giving genealogy as to how he is related with the Petitioners. The bailors will undertake to furnish information to the court about any change in the address of the Petitioners; (ii) That the affidavit shall clearly state that the Petitioners are not accused in any other case and, if they are, they shall not be released on bail; (iii) That the bailors shall also state on affidavit that they will inform the court concerned if the Petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse; (iv) That the Petitioners will give undertaking that they will receive the police papers on the given date and be present on the date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse; and (v) That the Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

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(Anjana Prakash, J)

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Dilip/-

Sunil Sahani and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Sunil Sahani and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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