Patna High CourtCR. MISC./12695/2015bail granted

Shashi Modi @ Shashi Kant Chourasia And ORS. v. The State Of Bihar

2015-03-26Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12695 of 2015 Arising Out of PS.Case No. -73 Year- 2014 Thana -MAUZAHIDPUR District- BHAGALPUR ======================================================

1. Shashi Modi @ Shashi Kant Chourasia.

2. Bablu Modi @ Bablu Sah.

3. Bhanu Prasad Sah.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Deepak Kumar Sinha, Advocate. For the Opposite Party : Mr. Madan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-03-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 25(1-B)a and 26 of the Arms Act.

It is alleged that the petitioner no. 3 lodged Mojahidpur (Babarganj) P.S. Case No. 72 of 2014 alleging against Sanjay Sah of abusing, and threatening. During investigation of the said case, country made pistol and three empty cartridges were recovered leading to registration of Mojahidpur (Babarganj) P.S. Case No. 73 of 2014. Petitioner no. 3 was witness to seizure. Petitioner nos. 1 and 2 were witnesses to earlier case lodged by petitioner

Patna High Court Cr.Misc. No.12695 of 2015 (2) dt.26-03-2015 2 / 2 no. 3 being Mojahidpur (Babarganj) P.S.Case No. 72 of 2014. Subsequently, the police made them accused on getting the information that pistol and cartridges were planted by the petitioners to implicate Sanjay Sah.

It is submitted by learned counsel for the petitioners that the present case has been lodged to save the main accused Sanjay Sah from earlier case lodged by petitioner no. 3.

Considering the aforesaid facts, let the petitioners, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Mozahidpur (Babarganj O.P.) P.S. Case No. 73 of 2014 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Bhagalpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Dinesh Kumar Singh, J) U T