Mukesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29768 of 2021 Arising Out of PS. Case No.-225 Year-2020 Thana- JANDAHA District- Vaishali ====================================================== MUKESH SAHANI Son of Ashok Sahni Resident of Village- Mahipura, P.S.- Jandaha, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rana Sanjay Kumar Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 14-12-2021 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner who is in custody since 01.12.2020 seeks regular bail in connection with Jandaha P.S. Case No. 225 of 2020 registered for offences punishable under Sections 399, 402, 414 of the Indian Penal Code and Section 25(1-b)a, 26/35 of the Arms Act.

Prosecution case in brief is that the informant got confidential information that some miscreants have assembled near Mahipur mor and are planning to commit some crime. The petitioner was apprehended along with other co-accused and upon search, two live cartridges were recovered from the

Patna High Court CR. MISC. No.29768 of 2021(2) dt.14-12-2021 2/3 possession of the petitioner and several other weapons were recovered from the co-accused and seizure list was prepared. Learned counsel appearing on behalf of the petitioner submits that petitioner has been implicated in the present case at the behest of the police officer and nothing has been recovered from the conscious possession of the petitioner. He further submits that petitioner has a clean antecedent and he is in custody since 01.12.2020.

Learned A.P.P., however, opposes the prayer for bail. Considering the above mentioned facts and circumstances of the case, there is no allegation with regard to the tempering with the evidences as well as considering the period of custody, this Court directs to release the petitioner on bail upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Vaishali at Hajipur in connection with Jandaha P.S. Case No. 225 of 2020 subject to the following conditions: (i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(ii) Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.29768 of 2021(2) dt.14-12-2021 3/3 properly represented on each and every date fixed by the Court. (iii) If the petitioner tempers 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. (Purnendu Singh, J) Niraj/- U T