Pramod Sahni @ Nanhak Sahni @ Naga v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11870 of 2015 Arising Out of PS.Case No. -87 Year- 2014 Thana -SHYAMPUR BHATHA District- SHEOHAR ====================================================== Pramod Sahni @ Nanhak Sahni @ Naga, Son of Jagdish Sahni, resident of village- Gothiya, Tola( Ramwan), P.S.- Shyampur Batha, District- Sheohar. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Hans Lal Kumar For the Opposite Party/s : Mr. Hirday Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 26-05-2015 Heard.
The petitioner seeks bail in a criminal prosecution registered under Sections 25(1-B)a/26 of the Arms Act. Though the petitioner is named in the FIR vide Annexure-1 as an accused and there is allegation of recovery of a country made pistol and three live cartridges, but taking into consideration the period of incarceration, as he is said to be in judicial custody since 25.11.2014 and further taking into consideration the fact that he is said to be the first offender, his prayer for bail is allowed.
The petitioner above named is directed to be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheohar in connection with Shyampur Bhataha P.S.Case No.87 of 2014, subject to the conditions that: (a) One of the bailors must be government servant or close family member of the petitioner, who will file an affidavit in the court below showing his/her relationship
Patna High Court Cr.Misc. No.11870 of 2015 (3) dt.26-05-2015 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 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 date, 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) Arvind/- U T