IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.21924 of 2010
PREMLAL SAHNI @ PREMA SAHNI
Versus
THE STATE OF BIHAR
-----------
2. 01.7.2010. Heard learned counsel appearing on behalf
of the petitioner and learned counsel appearing
on behalf of the State.
The petitioner is in custody in
connection with Moro P.S.Case No.17 of 2009 for
offence punishable under Sections 302/34 of the
Indian Penal Code.
Learned counsel for the petitioner
submits that the name of this petitioner has been
given by the wife of the deceased who has stated
that the deceased before dying had informed her
that this petitioner along with the others had
assaulted him. Learned counsel, with reference to
the deposition of the informant made during the
course of trial and placed at Annexure-2 series,
submits that the informant herself has stated
that when she reached the place of occurrence,
her husband had already expired. Learned counsel
thus submits that in that view of the matter, the
initial statement given by the informant at the
stage of institution of the case becomes
doubtful. He further with reference to the
2
impugned order submits that the court below has
accepted the fact that four material witnesses
had been examined and who had not supported the
case of the prosecution.
Taking into consideration the submission
of the learned counsel for the petitioner, let
the petitioner Premlal Sahni alias Prema Sahni
be released on bail on his furnishing bail bond
of Rs.10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of
the 2nd Additional Sessions Judge, Darbhanga in
connection with Sessions Trial No.77 of 2010
arising from Moro P.S.Case No.17 of 2009,
subject to condition that the petitioner would be
present before the trial court on each and every
date fixed in the trial and in case the
petitioner would not present himself on two
consecutive dates fixed in the trial, the trial
court would be at liberty to initiate proceeding
for cancellation of his bail bond and for
taking him into custody.
ahk (Jyoti Saran, J.)
3