Allowed

Shyam Lal Sahani v. The State Of Bihar

Patna HC6 Jan 2015CR. MISC./22072/2014

Case brief

AI extract

What is this about?

The High Court of Patna granted bail to the petitioner in a case under Section 395 IPC, owing to lack of further material beyond a confessional statement and undertaking by a relative, subject to strict conditions.

What did the court decide?

Release on bond of Rs 5,000 with two sureties, subject to strict conditions regarding police reporting, no other arrests, and presence in court.

Shyam Lal Sahani Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2015)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22072 of 2014

¶2

Arising Out of PS.Case No. -107 Year- 2011 Thana -BAIKUNTHPUR District- GOPALGANJ ====================================================== 1. Shyam Lal Sahani Son of Late Chhatu Sahani, Resident of Village - Hussepur, P.S.- Sahebganj, District - Muzaffarpur .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Ranjan, Advocate For the Opposite Party/s : Mr. Manish Kumar 2, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 5 06-01-2015 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 395 of the Indian Penal Code.

¶3

Considering that apart from confessional statement there is no further material against the Petitioner and his sister-in-law Meeta Devi undertakes his responsibility, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/(Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Baikunthpur P.S. Case No.107 of 2011, subject to the conditions (i) That one of the bailor shall be Meeta Devi, sister-in-law of the Petitioner and the other bailor will be a close relative of the

¶4

Patna High Court Cr.Misc. No.22072 of 2014 (5) dt.06-01-2015

¶5

2/3

¶6

petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse, (iv) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

¶7

In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Gopalganj within fifteen days of his release with a copy of this order and every two weeks thereafter for the next six months. The conduct of the petitioner will be kept under watch in this period by the superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by

¶8

Patna High Court Cr.Misc. No.22072 of 2014 (5) dt.06-01-2015

¶9

3/3

¶10

him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned.

¶11

(Anjana Prakash, J)

¶12

Narendra/-

¶13

U T

Shyam Lal Sahani v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Shyam Lal Sahani v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Jitendra Kumar Sinha Vs The State Of Bihar

Amar Pratap Singh Vs The State Of Bihar

Anand Kumar Vs The State Of Bihar

Phoolchand Choudhary Vs The State Of Bihar

Manoj Sahani Vs The State Of Bihar

Upendra Rai and Anr. Vs The State Of Bihar