Jitendra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21226 of 2019 Arising Out of PS. Case No.-455 Year-2018 Thana- BIDUPUR District- Vaishali ====================================================== JITENDRA SAHNI S/o Bashishtha Sahni Resident of Village-Ismailpur, Police Station-Hajipur Sadar, District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhimanyu Sharma For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-04-2019 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections 399, 402 and 414 of the Indian Penal Code, section 25(1-b)(a), 26 and 35 of the Arms Act and Section 8/20(b)(ii)(c) and 25/29 of NDPS Act.

Informant who is the police officer has alleged in his written report that he received confidential information that some miscreants have assembled in Mango Orchard and are planning to commit some grave crime and on receiving said information he raided the place then accused persons assembled

Patna High Court CR. MISC. No.21226 of 2019(2) dt.04-04-2019 2/3 there started fleeing but 11 accused were apprehended and from their possession, country made pistol, live cartridges and one Samsung Mobile and 10 Kg Ganja was recovered. However, from the possession of petitioner recovery is of one Samsung Mobile and Splendor Motorcycle.

It has been submitted on behalf of petitioner that said mobile belongs to petitioner and motorcycle is also owned by one of his relatives and ownership paper is with him. Petitioner has got no criminal antecedent and is in custody since 26.10.2018.

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/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Bidupur P.S. Case No. 455 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the

Patna High Court CR. MISC. No.21226 of 2019(2) dt.04-04-2019 3/3 Court and his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U