Disposed¶24

Mahesh Kumar Sahni @ Mahesh Kumar v. The State of Bihar

Patna HC10 May 2024CR. MISC./23794/2024

Case brief

AI extract

What is this about?

Bail modification; conditional bail; release deferred till completion of prosecution witnesses; prosecution failure to examine witnesses; charge framed 12.01.2024; PS Case No.235/2022 Simri Darbhanga; Mahesh Kumar Sahni v. State of Bihar; Patna High Court; Cr. Misc. No.23794 of 2024 arising from Cr. Misc. No.74610 of 2023; order dated 10-05-2024; Justice Dr. Anshuman; same bail bond and same condition; Kumar Praveen (for petitioner); Ashok Kumar Singh APP (for State).

What did the court decide?

Modification application disposed of with the operative direction that the petitioner be released on bail after one month if the prosecution fails to produce witnesses, on the same bail bond and subject to the same condition as previously imposed. ¶24

Mahesh Kumar Sahni @ Mahesh Kumar Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23794 of 2024

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CRIMINAL MISCELLANEOUS No.74610 of 2023

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Arising Out of PS. Case No.-235 Year-2022 Thana- SIMRI District- Darbhanga

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======================================================

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Mahesh Kumar Sahni @ Mahesh Kumar S/o Sri Ramji Sahni R/o village Usti P.S. Paroo Dist. Muzaffarpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Kumar Praveen, Adv. For the Opposite Party/s : Mr.Ashok Kumar Singh, APP

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======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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3 10-05-2024

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The present application has been filed for seeking modification in the order as the petitioner has been granted bail vide order dated 09.02.2024 in Cr. Misc. No.74610 of 2023 with a condition that the petitioner shall be granted bail after completion of prosecution witnesses.

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Counsel for the petitioner submits that after filing the bail application, this Hon’ble Court has pleased to call for report. He submits that as per his knowledge, charge has been framed on 12.01.2024, but till date not a single witness has been examined.

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Counsel for the State submits that there is specific

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Patna High Court CR. MISC. No.23794 of 2024(3) dt.10-05-2024 2/2

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order to release the petitioner after completion of prosecution witness.

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From the report, it transpires that even after lapse of 4 months, prosecution has not been able to produce any witness. Charge has already been framed in this case.

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In this view of the matter, the petitioner is directed to be released on bail after one month, if prosecution failed to produced witness in this case, on the same bail bond which has been earlier mentioned with the same condition.

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Accordingly, the present modification application is hereby disposed off.

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(Dr. Anshuman, J.)

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Prakashmani/-

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U T

Mahesh Kumar Sahni @ Mahesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mahesh Kumar Sahni @ Mahesh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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