IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33933 of 2009 RAJESH SAHNI @ SHYAM NANDAN SAHNI,Son of Late Ramautar Sahani, resident of Village- Raja Punas, P.S. Ahiyapur, District-Muzaffarpur ------------- Petitioner Versus STATE OF BIHAR ----------- 2 09-10-2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences Under Sections 395 and 412 of the Indian Penal Code. It has been submitted that the petitioner is a co-villager of the informant and his name is figured at Sl.No.4 in the first information report. It appears that there the father’s name does not tally with that of the petitioner father’s name. It has been submitted that even though at Sl.No.4 in the first information report , one Rajesh Sahani S/o Ramautar Sahni has been made as accused, but from the documents , Ramautar Sahni did not have any son by name of Rajesh Sahni. Later on, the police has forwarded the present petitioner in the name of Rajesh Sahani @ Shyam Nandan Sahni son of Ramautar Sahani even though the petitioner has got no alias name of Rajesh Sahni-, in support of which certain documents have been annexed. Taking into consideration the aforesaid submissions let the petitioner named above who is in custody since 19.6.2009 and has no criminal history be released on bail on furnishing bail bond of Rs.5000/-( five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No.197 of 1999 subject to the - 2 - following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner and (ii) That the petitioner will give an undertaking that he will receive the police papers on the given date and will not delay the trial and if he fails to do so on two given dates and delays the trial in any manner then his bail will be liable to be cancelled. Since the case is of the year, 1999 the learned Magistrate is directed to take effective steps to commit the case for trial and trial court to conclude the same at an early point of time. NKS/- ( Anjana Prakash ,J)