Mithun Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11981 of 2025 Arising Out of PS. Case No.-243 Year-2024 Thana- PATEPUR District- Vaishali ====================================================== Mithun Sahni S/O Mahesh Sahni R/O Village- Sahpur Khurd, P.S- Goraul, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bela Singh, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Patepur P.S. Case No. 243 of 2024 instituted for the offences under Sections 25(1-b)a, 26 of the Arms Act.

3. As per the F.I.R., one loaded country-made katta and cash amounting to Rs. 2000/- has been recovered from this petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the recovered arms and

Patna High Court CR. MISC. No.11981 of 2025(2) dt.04-03-2025 2/2 ammunitions. Learned counsel further submitted that the false implication of the petitioner is further established by the fact that as per prosecution case the petitioner was apprehended on the spot but the seizure list did not bear his siganture. It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.08.2024 and has ten criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Patepur P.S. Case No. 243 of 2024. (Rudra Prakash Mishra, J) Alok Verma/- U T