Bateshwar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14902 of 2015 Arising Out of PS.Case No. -69 Year- 2014 Thana -SARAN GRP CASE District- SARAN ====================================================== Bateshwar Sahni .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.20131 of 2015 Arising Out of PS.Case No. -69 Year- 2014 Thana -SARAN GRP CASE District- SARAN ====================================================== Ganesh Mahto @ Banra .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.14902 of 2015) For the Petitioner/s : Mr. Awadhesh Kumar Singh For the Opposite Party/s : Mr. Anuradha Singh (App) (In Cr.Misc. No.20131 of 2015) For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s : Mr. Anil Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-05-2015 Heard learned counsels for the petitioner and the State. The petitioners are languishing in jail since 15.02.2015 and 06.09.2014 in a case registered for the offences punishable under Sections 399, 402 and 414 of the Indian Penal Code and Sections 25(1-B)a, 26 and 35 of the Arms Act. On information that the miscreants are preparing to

Patna High Court Cr.Misc. No.14902 of 2015 (2) dt.05-05-2015 2/3 commit dacoity in train, raid was laid when from the possession of the petitioner Ganesh Mahto, one country made pistol, one live cartridge and mobile were recovered. The name of the petitioner Bateshwer Sahni surfaced in the confession of petitioner Ganesh Mahto. A statement has been made in para 3 of the petition that petitioner Bateshwer Sahni has no criminal antecedent whereas petitioner Ganesh Mahto is accused in 16 other cases. It is submitted on behalf of petitioner Ganesh Mahto that he was made accused in the cases registered between 1996-05 and the investigation has already concluded.

Considering the fact that except confession of petitioner Ganesh Mahto, no substantial material was collected against the petitioner Bateshwar Sahni, let the above named petitioner Bateshwar Sahni be released on bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Sonepur at Saran in connection with Sonepur Rail P.S. Case No. 69 of 2014.

So far as petitioner Ganesh Mahto is concerned, since he is accused in 16 other cases, this Court is not inclined to grant

Patna High Court Cr.Misc. No.14902 of 2015 (2) dt.05-05-2015 3/3 bail to him.

Accordingly, bail application with regard to petitioner Ganesh Mahto is rejected.

Let the trial be expedited.

If the trial is not concluded within a period of six months, petitioner Ganesh Mahto will be at liberty to renew his prayer for bail.

(Dinesh Kumar Singh, J) Amrendra/- U T