Patna High CourtCR. MISC./36922/2017allowed

Umesh Sahani v. The State Of Bihar

2017-08-17Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.36922 of 2017 (2) dt.17-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36922 of 2017 Arising Out of PS.Case No. -200 Year- 2016 Thana -MANIHARI District- MUZAFFARPUR ======================================================

1. Umesh Sahani Son of Late Nabab Sahani Resident of Village -Fular, P.S.-Mahua, District-Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Upendra Kumar Chaubey For the Opposite Party/s : Mr. Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-08-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 29.10.2016 in connection with Maniyari P.S. Case No. 200 of 2016 registered under Sections 399, 402, 414, 120(B) of the Indian Penal Code and Section 25(1-A), 25(1-AA), 25(1-b)a, 26(ii) and 35 of the Arms Act and also 20/22 of the N.D.P.S. Act.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has not committed any offence. In fact, altogether ten persons have been made accused in this case but the petitioner has been made accused in this case merely on the basis of suspicion. Nothing has been recovered from the conscious possession of the petitioner. Moreover, co-accused,

Patna High Court Cr.Misc. No.36922 of 2017 (2) dt.17-08-2017 Sujeet Kumar, having more of less similar allegation has already been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 11957 of 2017 and the petitioner is rotting in custody for the last ten months.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned 8th Additional Sessions Judge, Muzaffarpur in connection with Maniyari P.S. Case No. 200 of 2016.

(Arvind Srivastava, J) brajesh/- U T