Subhash Sahani @ Subhas Sahani vs The State Of Bihar on 23 March, 2011

Patna High Court – Orders
Subhash Sahani @ Subhas Sahani vs The State Of Bihar on 23 March, 2011
                   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
                                       -----------

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. )
 

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