Patna High CourtCR. MISC./49098/2018bail granted

Prahlad Sahni v. The State Of Bihar

2018-09-26Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49098 of 2018 Arising Out of PS.Case No. -34 Year- 2017 Thana -KAHALGAON District- BHAGALPUR ======================================================

1. Prahlad Sahni, Son of Late Natai Sahni, Resident of Mohalla- Kagji Tola, Kahalgaon, P.S.- Kahalgaon, District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Davendra Kumar Pandey, Advocate. For the Opposite Party/s : Mr. Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-09-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Kahalgaon P.S. Case No. 34 of 2017 instituted for the offence under Sections 25(1-b)A and 26(1)(2) of the Arms Act.

Counsel for the petitioner submits that recovery is alleged to have taken place from the house of petitioner. The seizure list has been prepared but it does not bear signature either of the petitioner or any of his family members. Counsel for the petitioner further submits that no copy of seizure list was given to the petitioner. The seized articles does not come in the category of prohibited arms and, hence, no offence under Section 26(1)(2) of Arms Act is made out against the petitioner. Petitioner is said to be in custody since 31.10.2017.

Patna High Court Cr.Misc. No.49098 of 2018 (2) dt.26-09-2018 2/2 Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Kahalgaon P.S. Case No. 34 of 2017, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T