Braj Mohan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40189 of 2018 Arising Out of PS. Case No.-216 Year-2017 Thana- KALYANPUR District- East Champaran ====================================================== Braj Mohan Sahani, Son of Megh Nath Sahani, Resident of Village- Karja, Police Station- Karja, in the District of Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar For the Opposite Party/s :

Mr. Sri Satyendra Prasad ====================================================== 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 Kalyanpur P.S. Case No. 216 of 2017 registered for the offence punishable under Sections 399, 402 of the Indian Penal Code, Section 25(1-b)a, 26/35 of Arms Act and Section 20, 22, 23, 24, 25 and 27 of the NDPS Act.

Allegation against the petitioner is of recovery of one country made pistol and two live cartridges. From other coaccused persons there has been recovery of 500 Gram of Charas. There were altogether seven persons travelling in Santro Car which was searched and seized by the informant. It has been submitted on behalf of the petitioner that the petitioner has been falsely implicated in this case on mere

Patna High Court Cr.Misc. No.40189 of 2018(2) dt.12-07-2018 2/2 suspicion. It has further been submitted on behalf of the petitioner that similarly situated co-accused person namely, Vinay Sahani has been granted bail by a co-ordinate bench of this Court vide order dated 29.06.2018 passed in Criminal Miscellaneous No. 22900 of 2018. Petitioner is in custody since 13.12.2017.

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 Sessions Judge cum Special Judge, East Champaran, Motihari, in connection with Kalyanpur P.S. Case No. 216 of 2017.

(S. Kumar, J) ranjan/- U