Rakesh Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.27980 of 2020 Arising Out of PS. Case No.-265 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== RAKESH KUMAR SAHNI S/o Shivnath Sahni Residence of VillageAbabakpur Jalalpur Gangti, Phhulari, P.S.-Mahnar, District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar, Advocate For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-11-2020 Learned counsel for the petitioner undertakes to remove the defects, if any, within four weeks after start of normal functioning of the Court.

Heard learned counsel for the petitioner and Mr. Abhay Kumar Roy, learned APP for the State.

The petitioner in the present case is seeking regular bail in connection with Hajipur Sadar P.S. Case No. 265 of 2020 registered for the offences punishable under Sections 399, 402, 413, 414 of the Indian Penal Code and Sections 25(1-b)a, 26/35 of the Arms Act. Learned counsel for the petitioner submits that as per allegations, from the possession of the petitioner one loaded countrymade pistol with one live cartridge have been recovered. It is, however, submitted that the petitioner has got no criminal antecedent and even the seizure has not been made in accordance with law.

Patna High Court CR. MISC. No.27980 of 2020(2) dt.02-11-2020 2/3 Although learned APP for the State has opposed the prayer for regular bail of the petitioner but considering that he has remained in judicial custody for more than six months, he has got no criminal antecedent, investigation against him is complete and there is no submission that release of the petitioner at this stage is in any way likely to interfere with the course of trial, this Court directs release of the petitioner above named on bail on furnishing of bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 265 of 2020, subject to the condition as laid down under Section 437 (3) Cr.P.C.

as under : (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

Patna High Court CR. MISC. No.27980 of 2020(2) dt.02-11-2020 3/3 court below shall take step for cancellation of bail bond of the petitioner.

And further condition that he will abide by and observe the guidelines and directives of the Government of India and the State Government with regard to COVID-19 Pandemic. The application is allowed.

(Rajeev Ranjan Prasad, J) avin/-sushma U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.