Patna High CourtCR. MISC./5061/2019bail granted

Dharmendra Sahni v. The State Of Bihar

2019-01-30Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5061 of 2019 Arising Out of PS. Case No.-93 Year-2018 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== DHARMENDRA SAHNI son of Basant Sahni Resident of Village- Kanti Gosai Tola, P.S.- Kanti, District - Muzaffarpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pradeep Kumar Sinha For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-01-2019 Heard learned counsels for the parties.

The petitioner is languishing in custody since 4.3.2018 in a case registered for the offences punishable under Sections 25(1B)a,26 and 35 of the Arms Act. The prosecution case as per the written report of Raghunath Prasad dated 2.3.2018 submitted to the SDJM, West, Muzaffarpur is to the effect that on 2.3.2018, on the eve of Holi festival, during patrolling, the informant received an information that firing is being resorted to by few persons in village Kanti Gosai Tola whereupon the informant reached there and three persons were apprehended from the spot, including the petitioner. It is alleged that from the possession of the petitioner, one loaded country made pistol was recovered. It is submitted by learned counsel for the petitioner that

Patna High Court Cr.Misc. No.5061 of 2019(2) dt.30-01-2019 2/2 the investigation has already been concluded and the petitioner has remained in custody for about 11 months. It is further submitted that though the petitioner is accused in one other case but he is on bail in the said case and co-accused have been granted bail vide order dated 28.1.2019 passed in Cr. Misc. No.4315 of 2019.

Learned APP submits that the recovery of arms has been made from the petitioner.

Considering the fact that the investigation has already been concluded and the period under custody, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, West, Muzaffarpur in connection with Kanti (Muzaffarpur) P.S. Case No.93 of 2018.

(Dinesh Kumar Singh, J) anil/- U