Rahul Sahani @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21040 of 2020 Arising Out of PS. Case No.-434 Year-2019 Thana- PIPRA District- East Champaran ====================================================== RAHUL SAHANI @ RAHUL KUMAR Son of Kamaldev Chaudhary Resident of Village - Dekha Bishunpur, P.S.- Pipra Kothi, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Asif Kalim For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel appearing for the petitioner and Shri Bakmukund Prasad, learned A.P.P. for the State. The petitioner seeks regular bail in connection with Pipra P.S. Case No. 434 of 2019 for the offence punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act. The allegation is regarding recovery of one country made pistol and three live cartridges from the petitioner herein. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and is languishing in custody since 23.12.2019.

Patna High Court CR. MISC. No.21040 of 2020(2) dt.26-06-2020 2/2 It is further submitted that on account of grudge against the petitioner, the Police has falsely implicated the petitioner herein. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the period of incarceration of the petitioner herein apart from the fact that he is having a clean antecedent, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Pipra P.S. Case No. 434 of 2019.

(Mohit Kumar Shah, J) S.Sb/- U T