Hearing a bail application under Section 437 CrPC regarding offences punishable under Sections 302, 504, 506 IPC. The court allowed bail on ₹10,000 with two sureties, subject to conditions regarding cooperation in trial and non-tampering with evidence.
Release on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21554 of 2022
Arising Out of PS. Case No.-412 Year-2020 Thana- ALAMGANJ District- Patna
======================================================
MANI SAHNI Son of Lalbabu Sahni @ Lal Babu R/o- Gay Ghat, South Lane, P.S.- Alamganj, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Arvind Kumar Pradhan For the Opposite Party/s : Mr.A.G ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
4 26-09-2022
Let the defect(s), as pointed out by the office, be
removed within a period of four weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with S. Tr. No. 280 of 2021 arising out of Alamganj P.S. Case No. 412 of 2020 registered for the offences punishable under Sections 302, 504, 506, 34 of the Indian Penal Code read with Section 27 of the Arms Act.
As per prosecution case, there is accusation against the petitioner to catch hold the deceased and co-accused Md. Arshad and Md. Badshah fired upon the informant’s husband.
Learned counsel for the petitioner submits that petitioner is in custody since 15.06.2021. Petitioner bears two
Patna High Court CR. MISC. No.21554 of 2022(4) dt.26-09-2022 2/3
criminal antecedents. Charge sheet has already been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that there is only accusation against the petitioner is that he holds the husband of informant and there is no any allegation of firing or any assault against the petitioner.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case as well as period of custody, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of the parties and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. - 1st Patna City in connection with S.Tr. No. 280 of 2021 arising out of Alamganj P.S. Case No. 412 of 2020, subject to following conditions:-
(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
Patna High Court CR. MISC. No.21554 of 2022(4) dt.26-09-2022 3/3
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J)
amitkr/-
U T
1 issue framed by the court
Whether the petitioner accused under Sections 302, 504, 506 IPC be granted bail.
Mani Sahni
The State of Bihar
Alok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
