Kharga Sahni @ Kharha Sahni @ … vs The State Of Bihar on 9 July, 2010

                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                             Cr.Misc. No.22674 of 2010
          KHARGA SAHNI @ KHARHA SAHNI @ RANJEET SAHNI SON OF SRI
                         RAM SEWAK SAHNI
                                          Versus
                                THE STATE OF BIHAR
                                        -----------

2. 9.7.2010 Heard learned Counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the

offence under Section 302/34 of the Indian Penal Code.

It appears that the petitioner was not named in the first

information report and subsequently his name transpired in the

confessional statement of the co-accused and thereafter he himself

also confessed before the police. In similar circumstances co-

accused Upendra Sahni has been granted bail by this Court vide

Cr.Misc.No.32178 of 2009 by an order dated 21.6.2010.

It has been submitted that the petitioner has clean

antecedent and is in custody since 19.10.2008.

In view of such, 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 to the

satisfaction of Chief Judicial Magistrate, Darbhanga in T.R.No.990

of 2009 arising out of Singhwara P.S.case No.113 of 2008, subject

to the conditions (i) That one of the bailors will be a close relative of

the 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 the address of the

petitioner, (ii) that the affidavit shall clearly state that the petitioner
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is not an accused in any other case and if he is he shall not be

released on bail, (iii) 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 the ground of misuse, and (iv)

that the petitioner will be well represented on each date and if he

fails to do so on two consecutive dates, his bail will be liable to be

cancelled.

( Anjana Prakash, J. )

Narendra/