Guddu Sahni v. The State Of Bihar

Patna High Court Cr.Misc. No.585 of 2015 (2) dt.09-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.585 of 2015 Arising Out of PS.Case No. -22 Year- 2014 Thana -NAURANGIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Guddu Sahni .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kr Singh No. 1 For the Opposite Party/s Mr. Pranav Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 09.01.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner is in jail custody since 18.07.014 in a case registered under sections 399, 402 of the IPC and sections 25 (i-b) a, 26, 35 of the Arms Act.

The accusation against the petitioner is that he was caught red handed when he along with others had assembled to make preparation for committing dacoity and on search one country made katta and one live cartridge were recovered from his conscious possession.

Learned counsel for the petitioner submits that one Naurangiya P.S. case no. 23/2003 was registered against the petitioner for the offences under sections 341, 325, 307/34 of the IPC in which he was granted bail and again, Naurangiya P.S. case no. 6/2007 was reregistered under bailable offence and in the aforesaid case, petitioner was granted bail and thereafter, in the year 2013, Kothiyar P.S. case

Patna High Court Cr.Misc. No.585 of 2015 (2) dt.09-01-2015 no. 580/2013 was registered for the offences under sections 364A, 120B of the IPC in which petitioner was, too, granted bail. It is contended by him that whenever any offence takes place in neighbouring area of the petitioner, police officials use to come at the house of the petitioner and takes attempt to drag him in the aforesaid case and in the present case, petitioner was also caught by the police officials from his house.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also keeping in mind period of detention of the petitioner in jail custody, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Sri A.R. Upadhyaya, Judicial Magistrate, Ist Class, Bagaha District West Champaran in Naurangiya P.S. Case no. 22/2014.

shahid (Hemant Kumar Srivastava,J) U T