Rakesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21107 of 2025 Arising Out of PS. Case No.-129 Year-2023 Thana- VIDYAPATINAGAR DistrictSamastipur ====================================================== 1.

Rakesh Sahni S/O Ashok Sahni R/O village - Dih Bucholi , Police Station - Jandaha , District - Vaishali.

2.

Ajay Sahni S/O Ram Pulis Sahni @ Rampulish Sahni R/O VillagePeerapur, P.S- Jandaha, Dist.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-06-2025 Heard Learned counsel for the petitioners and Learned A.P.P. for the State.

2. The petitioners seek regular bail in connection with Sessions Trial No.770 of 2023 arising out of Vidyapatinagar (Ghatho O.P.) P.S. Case No. 129 of 2023 lodged on 12.08.2023, for the offence punishable under Sections 399, 402 & 412 of the Indian Penal Code read with sections 25(1-B)a, 26 & 35 of the Arms Act.

3. Learned counsel for the petitioners submits that the bail application of the petitioners has earlier been rejected vide order dated 04.04.2024 passed in Cr. Misc. No. 21252 of 2024 with liberty granted to the petitioners to renew their prayer for

Patna High Court CR. MISC. No.21107 of 2025(2) dt.20-06-2025 2/3 bail two months after framing of charge. Counsel submits that the charge has already been framed in this case on 14.11.2024 and more than six months have been lapsed, but no considerable progress has taken place in this case. Counsel further submits that the petitioners have two criminal antecedents and other accused persons have been granted bail in-spite of the fact that their antecedents are also not clean. Counsel submits that the petitioners are in custody since 13.08.2023.

4. Learned APP for the State opposes the prayer for bail of the petitioners but submits that more than six months have been lapsed after framing of charge.

5. In the light of fulfillment of the condition in the earlier rejection order dated 04.04.2024 passed in Cr. Misc. No. 21252 of 2024, let the above named petitioners be granted bail as well as on being satisfied by the Trial Court that the petitioners are not absconding in any of the cases pending against them whose details are mentioned below, and on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the Bharatiya Nagarik Suraksha Sanhita, 2023 to the satisfaction of Additional Sessions Judge, Dalsingsarai, Samastipur in connection with Sessions Trial No.770 of 2023 arising out of Vidyapatinagar

Patna High Court CR. MISC. No.21107 of 2025(2) dt.20-06-2025 3/3 (Ghatho O.P.) P.S. Case No. 129 of 2023, subject to the conditions as laid down U/s 480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

6. Pending cases against the petitioners are as follows:- I. Vidyapatinagar P.S. Case No.122 of 2023 II. Sarai Ranjan P.S. Case No. 205 of 2023 (Dr. Anshuman, J) Divyansh/- U T