Patna High CourtCR. MISC./39808/2018bail granted

Bhujangi Sahani v. The State Of Bihar

2018-07-12Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39808 of 2018 Arising Out of PS. Case No.-476 Year-2017 Thana- SARAIYA District- Muzaffarpur ====================================================== Bhujangi Sahani S/o late Jaysi Sahani Resident of Village- Fatehpur, P.S. Kanti, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in Saraiya P.S. Case No. 476 of 2017 registered for the offence punishable under Sections 379, 401, 411, 414, 120(B), 34 of the Indian Penal Code and Section 25(1-b)a/26/34 of the Arms Act.

Informant is the Officer-in-charge of Saraiya P.S. who in his self statement has stated that on secret information received by the Superintendent of Police (Town), Muzaffarpur, that some accused persons have assembled to rob the ATM of Indicash, police arrived at the place of occurrence and attempt to rob ATM cash was made futile by the effort of the police and during search and seizure one loaded pistol with two live cartridges and one mobile phone have been recovered from the

Patna High Court Cr.Misc. No.39808 of 2018(2) dt.12-07-2018 2/2 possession of the petitioner.

It has been submitted on behalf of the petitioner that the petitioner was not caught at the place of occurrence and he has been falsely implicated in this case. It has further been submitted that similarly situated co-accused person namely, Sanjay Sahani has been granted bail by a co-ordinate bench of this Court vide order dated 22.05.2018 passed in Criminal Miscellaneous No. 21611 of 2018. Petitioner has got no criminal antecedent and is in custody since 23.12.2017. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st (West), Muzaffarpur in connection with Saraiya P.S. Case No. 476 of 2017.

(S. Kumar, J) ranjan/- U