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Patna High CourtCR. MISC./7986/2019bail granted

Raju Kumar Sahni v. The State Of Bihar

2019-02-13Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7986 of 2019 Arising Out of PS. Case No.-205 Year-2017 Thana- BHELDI District- Saran ====================================================== Raju Kumar Sahni, Son of- Shyam Babu Sahni, Resident of village-Pahaitiya, P.S.-Hajipur Sadar, District-Vaishali at Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar For the Opposite Party/s :

Mr.Pranav Kumar Mr. Uma Shankar Pd. Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-02-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is languishing in custody since 26.11.2017 in connection with Bheldi P.S. Case No.205 of 2017 registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and under Sections 25(1-B)a, 26 and 35 of Arms Act and Section 30(a) of Bihar Excise and Prohibition Act, 2016.

Prosecution case as per the written report of Mithilesh Prasad Singh submitted to Bheldi P.S. is to the effect that on 24.11.2017 at 4.00 P.M. during patrolling, a secret information was received that some miscreants are consuming liquor at Kharidaha Middle School. Consequently, a raid was laid when 3 persons were apprehended who disclosed their

Patna High Court Cr.Misc. No.7986 of 2019(2) dt.13-02-2019 2/2 name Raju Kumar, Abhimanyu Kumar, Sonu Kumar. The apprehended accused disclosed the name of this petitioner and from the possession of the petitioner, one country made loaded pistol and one live cartridge and a mobile phone were recovered.

It is submitted by learned counsel for the petitioner that the investigation has already been concluded and statement made in paragraph 3 of the bail petition that the petitioner is not having any criminal antecedent.

Learned A.P.P. has vehemently opposed the prayer for bail and submits the the recovery has been made from the petitioner.

Considering the fact that investigation has already been concluded and the statement made in para 3 of the bail application that the petitioner is not having any criminal antecedent, let the above named petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-VIth, Saran in connection with Bheldi P.S. Case No.205 of 2017.

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