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Patna High CourtCR. MISC./21252/2024bail rejected

Ajay Sahni v. The State Of Bihar

2024-04-04Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21252 of 2024 Arising Out of PS. Case No.-129 Year-2023 Thana- VIDYAPATINAGAR DistrictSamastipur ====================================================== 1.

Ajay Sahni Son Of Rampulis Sahni @ Rampulish Sahni Resident Of Village- Peerapur, Ps- Jandaha, Distt- Vaishali 2.

Rakesh Sahni Son Of Ashok Sahni Resident Of Village- Dih Bucholi PsJandaha, 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. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-04-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek regular bail in connection with Vidyapatinagar (Ghatho O.P.) P.S. Case No.129 of 2023, lodged on 12.08.2023, under Sections 399/402/412 of the Indian Penal Code and under Sections 25(1-b)A/26/35 of the Arms Act.

3. As per the prosecution, FIR has been lodged against five named accused persons. From possession of petitioner No.1 one loaded country-made pistol and mobile phone were recovered and from possession of petitioner No.2 three live cartridge and one empty cartridge, cash of Rs.3700/- and one android mobile were recovered.

Patna High Court CR. MISC. No.21252 of 2024(2) dt.04-04-2024 2/2

4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. Counsel submits that the petitioners are in custody since 13.08.2023 and on conclusion of the investigation, the charge sheet has been filed against the petitioners in this case. Counsel submits that there are two criminal cases pending against the petitioners. Counsel submits that in both the cases during the pendency of this case the petitioners were granted bail.

5. Learned counsel for the State opposes the prayer for bail and submits that antecedent of the petitioners are not clean. There are two criminal cases of robbery are pending against them.

6. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioners. Accordingly, the prayer for regular bail of the petitioners is hereby refused. However, the petitioners would be at liberty to renew the prayer for bail two months after framing of the charge. (Dr. Anshuman, J) Mkr./- U T