Rabin Kumar @ Ravin Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27442 of 2024 Arising Out of PS. Case No.-34 Year-2024 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== 1.

Rabin Kumar @ Ravin Kumar Sahni Son of Deep Narayan Sahni @ Dipnarayan Sah @ Dip Narayan Sahni Resident of not given 2.

Roushan Kumar @ Raushan Kumar son of Makshudan Sahni Resident of Village- Harsinghpur Tara, Police Station- Sarairanjan, Dist.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Samastipur (Muffasil) P.S. Case No. 34 of 2024 instituted for the offence under Section 414 of the Indian Penal Code and Sections 25(1-B)(a), 26 & 35 of the Arms Act. 3.

As per the prosecution case, there is recovery of one motorcycle, two live cartridges and a mobile phone from the possession of petitioner No. 1 and one loaded country made pistol and one mobile phone from the possession of petitioner No. 2.

4.

It has been submitted on behalf of the petitioners

Patna High Court CR. MISC. No.27442 of 2024(2) dt.09-04-2024 2/3 that the petitioners are in custody since 21-01-2024. Petitioners have no criminal antecedent.

5.

It has been further submitted by the petitioners' counsel that petitioners have been falsely implicated in the present case. Learned counsel for the petitioners submits that motorcycle in question belongs to the petitioner No. 1, and the same is registered in the name of his father. Nothing incriminating has been recovered from the conscious possession of the petitioner. Petitioners have no concern with the alleged recovered arms. There is no compliance of Section 100 of the Cr.P.C. It is lastly submitted that charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioners and charge sheet being submitted, this Court is inclined to grant bail to the petitioners.

8.

Let the petitioners 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 Court below/concerned Court in connection with Samastipur

Patna High Court CR. MISC. No.27442 of 2024(2) dt.09-04-2024 3/3 (Muffasil) P.S. Case No. 34 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T