IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.8340 of 2011
SUBHASH SAHANI @ SUBHAS SAHANI SON OF LATE BHAGIRATH
SAHANI
Versus
THE STATE OF BIHAR
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2. 23.3.2011 Heard learned Counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for the
offence u/ss.364, 302 and 201/34 of the Indian Penal Code.
It has been submitted that at best it is a case of
petitioner’s having been last seen with the deceased and
there is no motive for the occurrence.
Considering the same as also that the petitioner has
fair antecedents, 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 or any other surety
to be fixed by the court concerned to the satisfaction of 7th
Addl. Sessions Judge, Muzaffarpur in Sessions Trial No.435
of 2010 arising out of Paroo P.S. case No.238 of 2007,
subject to the conditions (i) That one of the bailor shall be
Santlal Sahani, Mausera brother of the petitioner and the
other bailor 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 address of the petitioner. (ii)
That the affidavit shall clearly state that the petitioner is not an
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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 ground of misuse, (iv) That the petitioner will give an
undertaking that he will receive the police papers on the given
date and be present on date fixed for charge and if he fails to
do so on two given dates and delays the trial in any manner,
his bail will be liable to be cancelled for reasons of misuse, (v)
That the petitioner will be well represented on each date if he
fails to do so on two consecutive dates, his bail will be liable to
be cancelled.
Narendra/ ( Anjana Prakash, J. )
