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Patna High Court - Orders

Lalu Sahani @ Lal Babu Sahani vs The State Of Bihar on 19 July, 2023

Author: Satyavrat Verma

Bench: Satyavrat Verma

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.46111 of 2023
                   Arising Out of PS. Case No.-38 Year-2007 Thana- RAJEPUR District- East Champaran
                 ======================================================
                 LALU SAHANI @ LAL BABU SAHANI Son of Late Banshi Sahani
                 Resident of village - Lachhaminiya, P.s. - Shyampur Bhatha, Distt. - Sheohar

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Rashmi Jha, Advocate
                                                  Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Mr. Yogendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-07-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 452, 380, 307, 324, 326, 302, 435, 427, 504 and 323 of the Indian Penal Code read with Section 27 of the Arms Act, Section 17 of the Criminal Law Amendment Act and Sections ¾ of the Explosive Substances Act.

3. Learned counsel for the petitioner submits that earlier the bail application of the petitioner was permitted to be withdrawn vide order dated 29.04.2023 in Cr. Misc. No. 7885 of 2023 with a liberty to the petitioner to renew his prayer for bail after framing of charge.

Patna High Court CR. MISC. No.46111 of 2023(2) dt.19-07-2023 2/2

4. Learned counsel for the petitioner submits that charges against the petitioner have been framed vide order dated 17.05.2023 as would be evident from Annexure-4 to the bail application.

5. Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Rajepur P.S. Case No. 38 of 2007.

7. However, it is made clear that in the event, if the learned trial court comes to a conclusion that the petitioner, after his release, is trying to delay the trial in any manner, the learned trial court shall be at liberty to cancel his bail bonds after recording reasons.

(Satyavrat Verma, J) Rishi/-

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