Patna High CourtCR. MISC./33199/2017bail granted

Sunil Sahani v. The State Of Bihar

2017-08-16Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 33199 of 2017 Arising Out of PS.Case No. -133 Year- 2016 Thana -MOTIPUR District- MUZAFFARPUR ====================================================== Sunil Sahani, Son of Late Lal Mohan Sahani, Resident of VillageMadhopur, P.S.-Motipur, District-Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ganesh Prasad Singh For the Opposite Party/s : Mr. Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

16-08-2017 Heard Sri Ganesh Prasad Singh, learned counsel for the petitioner and Sri Bharat Bhushan, learned Addl. Public Prosecutor.

This is the 2nd attempt for grant of bail. The petitioner is in custody since 14-05-2015 in Motipur P.S. Case No. 133 of 2016 registered for offence under Sections 399, 402, 414 of the Indian Penal Code, Sections 25(1-b)a, 26, 35 of the Arms Act, 1959 and Sections 20/22 of the Narcotic Drugs & Psychotropic Substances Act, 1985.

Learned counsel for the petitioner submits that on similar accusation, one of the co-accused, whose prayer for bail was earlier rejected by this Court, has already been granted bail on 21-06-2017, vide Cr. Misc. No. 25189 of 2017. Copy of the same

Patna High Court Cr.Misc. No.33199 of 2017 (2) dt.16-08-2017 2/2 has been brought on record, as Annexure - 3 to the petition. Learned Addl. Public Prosecutor has opposed the prayer for bail, however; he was not in a position to dispute the fact that one of the co-accused, almost in similar circumstances namely Gopi Kumar Sahni, has already been granted bail. Considering the fact that one of the co-accused has already been granted bail by this Court, there is no reason to deny the prayer for bail.

Accordingly, let the petitioner namely Sunil Sahani be enlarged on bail on furnishing bail-bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 8th Additional District & Sessions Judge-cum-Special Court, Muzaffarpur in connection with Motipur P.S. Case No. 133 of 2016.

(Rakesh Kumar, J.) Anay U T