Patna High CourtCR. MISC./16925/2024bail granted

Niraj Sahni @ Baba v. The State Of Bihar

2024-03-14Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16925 of 2024 Arising Out of PS. Case No.-219 Year-2023 Thana- CHACKMEHSI District- Samastipur ====================================================== Niraj Sahni @ Baba, Son of Shambhu Sahani, Resident of Village- Sormar, Police Station- Chakmehsi, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh, APP For the Opposite Party/s :

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-03-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Chakmehsi P.S. Case no. 219 of 2023, registered under sections 402 and 399 of the Indian Penal Code and sections 25(1-B)(a), 25(1-A), 26 and 35 of the Arms Act.

3. As per the prosecution case, the informant states that on having received an information about the accused persons having gathered and planning to give effect to an occurrence, a raid was conducted and various articles were recovered from different accused persons. From possession of the petitioner a country made pistol and a mobile phone was recovered.

4. Learned counsel for the petitioner submits that no

Patna High Court CR. MISC. No.16925 of 2024(2) dt.14-03-2024 2/2 incriminating article has been recovered from the petitioner's possession. He has been falsely implicated in the case. He has no criminal antecedent and is in custody since 18.11.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, his being in custody for more than 3 months since 18.11.2023, charge-sheet having been submitted in the case and the petitioner not having any criminal antecedent, the petitioner is directed to be enlarged on bail in connection with Chakmehsi P.S. Case no. 219 of 2023, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-Ist Class, Samastipur.

(Partha Sarthy, J) avinash/- U T