Pavan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39453 of 2016 Arising Out of PS.Case No. -136 Year- 2016 Thana -VAISHALI District- VAISHALI(HAJIPUR) ======================================================

1. Pavan Sahni, son of Shivnath Sahni Resident of Chapra Manorath , P.S.- Kanti, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nawal Kishore Singh For the Opposite Party/s : Mrs. Veena Rani Prasad, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 19-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 399, 402, 414 of the Indian Penal Code and Sections 25(1-b)A, 26 and 35 of the Arms Act. The police on information intercepted a white colour Bolero and from there three persons were arrested. From the possession of Arbind Sahni one country made pistol and one live cartridge was recovered and one country made pistol and live cartridge was recovered from the possession of Om Prakash and they were seized. Allegation has been made by the Arbind Sahni before the police that he along with the present petitioner have committed the crime.

Patna High Court Cr.Misc. No.39453 of 2016 (3) dt.19-09-2016 Learned counsel for the petitioner submits that save and except confessional statement of Arbind Sahni there is no material on record to say that petitioner was also present in the vehicle. He has further submitted that nothing incriminating has been recovered from his possession. Petitioner is in jail since 16.6.2016.

Having considered the facts and circumstances of the case, let petitioner, Pawan Sahni, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in connection with Vaishali P.S. Case No.136 of 2016, subject to the conditions that (i) one of the bailors shall be a close relative of the petitioner i.e father, mother, son or wife (ii) If the petitioner is found involved in future in similar type of case the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order including cancellation of bail (iii) Petitioner shall mark his presence before the nearest police station by 7th of every month till six months and (iv) petitioner would participate in the court proceeding and in the event of being absent on two consecutive dates, the court below will be at liberty to cancel

Patna High Court Cr.Misc. No.39453 of 2016 (3) dt.19-09-2016 the bail bonds of the petitioner.

(Shivaji Pandey, J) Vinay/- U T