Arbind Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69762 of 2018 Arising Out of PS. Case No.-166 Year-2017 Thana- BHAGWANPUR District- Vaishali ====================================================== Arbind Sahni Son of Shivji Sahni Resident of Village-Sahatha,Ward No.2 P.S. Bhgawanpur, Distt.-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niranjan Parihar For the Opposite Party/s :

Mr. Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Bhagwanpur P.S. Case No. 166 of 2017 (G.R. No. 2541 of 2018) registered for the offence punishable under Sections 414, 399, 402, 120(B) of the Indian Penal Code and Section 25(1b)a, 26, 35 of Arms Act. Allegation against petitioner is of recovery of one country made pistol with loaded cartridges from his possession. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to police atrocities. Charge sheet has been submitted. Petitioner is in custody since 14.09.2017.

Considering the aforesaid facts and circumstances of

Patna High Court Cr.Misc. No.69762 of 2018(3) dt.07-12-2018 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Vaishali at Hajipur, in connection with Bhagwanpur P.S. Case No. 166 of 2017 (G.R. No. 2541 of 2018) subject to the conditions that:-

(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 his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(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) veena/- U T