Munna Sahani @ Manohar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21837 of 2019 Arising Out of P.S. Case No.-189 Year-2018 Thana- SANGRAMPUR District- East Champaran ====================================================== MUNNA SAHANI @ MANOHAR SAHANI, aged about 25 years (male), Son of Sudama Sahani Resident of Village - Bhataha, P.S.- Muffasil, Distt - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-04-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 05.11.2018 in connection with Sangrampur P.S.Case No.189 of 2018 for the offence alleged under Sections 25(1-b)A, 26 and 35 of the Arms Act.

The prosecution case as lodged by the police personnel is that on patrolling duty, they intercepted a motorcycle while the driver managed to flee away, the petitioner was apprehended. On search from his possession, one country made pistol and two live cartridges were recovered who revealed the name of his associates who were planning to

Patna High Court CR. MISC. No.21837 of 2019(2) dt.10-04-2019 2/3 commit crime. Accordingly, a seizure list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. He submits that no overt-act has been committed by the petitioner and chargesheet has already been submitted, there being no allegation of tampering with the prosecution evidence or witnesses. Petitioner is languishing in judicial custody since more than five months. However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not bear a clean antecedent as two more cases are pending against him.

Considering the nature of allegations, the period of custody and that chargesheet has already been submitted, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Sangrampur P.S.Case No.189 of 2018 to the satisfaction of learned Additional Chief Judicial Magistrate-14, Motihari, East Champaran, subject to the following conditions:- (i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

Patna High Court CR. MISC. No.21837 of 2019(2) dt.10-04-2019 3/3 (ii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds. (Nilu Agrawal, J) B.Kr./- U T