IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.21627 of 2011
Raja Sahni @ Gunjba @ Gunja son of Ram Sewak Sahni,
Resident of village Khagariya Baluahi Bus Stand, P.S. Khagaria
District Khagariya ........Petitioner
Versus
The State of Bihar .................Opposite Party.
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2 22.07.2011 Heard.
In a criminal prosecution registered under sections
302, 394/34 of the Indian Penal Code as also under section 27 of
the Arms Act, petitioner is not named in the first information
report as an accused.
It is submitted that petitioner’s complicity in the
crime in question is attributed merely on the basis of
confessional statement of co-accused persons recorded by the
police. It is also submitted that even in the alleged confessional
statement recorded by the police specific allegation for
committing the crime of murder has not been attributed against
the petitioner. Learned counsel for the petitioner further submits
that petitioner was forwarded by the police in the present case on
13.12.2006.
Be that as it may, in the facts and circumstances of
the case, the above named petitioner is directed to be released on
bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with
two sureties of like amount each to the satisfaction of
Additional District Judge-IV , Patna in connection with S.T. No.
787/08 arising out of S.K. Puri P.S. Case No.178/06 subject to
the conditions:
2
(a) That one of the bailors must be Govt. servant or
close family member of the petitioner who will file an affidavit
in the court below showing his/her relationship with the
petitioner.
(b) If the petitioner is found involved in same and
similar nature of cases in future, then in that case the
informant/prosecution shall be at liberty to file a petition for
cancellation of the bail of the petitioner, and if such a petition is
filed, the court below would be obliged to dispose of the same in
accordance with law after giving opportunity of hearing to all
concerned.
(c) The petitioner shall make regular pairvi in the
court below in the present case either by appearing himself in
person or through representation by his lawyer on each and
every dates, and if on two consecutive dates petitioner fails to
make pairvi, then the court below shall be at liberty to cancel
the bail bond of the petitioner.
( Birendra Prasad Verma, J.)
Rahman/