Mahendra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28298 of 2020 Arising Out of PS. Case No.-145 Year-2020 Thana- VAISHALI District- Vaishali ====================================================== Mahendra Sahni Son of Surya Deo Sahni Resident of Village - Alahdadpur, P.S. and District - Vaishali at Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Chandra For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-11-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Vaishali P.S. Case No. 145 of 2020, registered for the offence under Sections 25(1-b)a & 26 of the Arms Act.

One country-made pistol, 11 live cartridges of 12 bore, 2 live cartridges of .315 bore, one empty cartridge as well as Rs. 36,500/- were alleged to have been recovered from the possession of the petitioner.

It is submitted on behalf of petitioner that nothing has been recovered from the possession of the petitioner. In fact, the alleged recovery has been made from the room of the petitioner and the house in question is in joint possession of the family. It is further submitted that chargesheet has already been submitted.

Patna High Court CR. MISC. No.28298 of 2020(2) dt.09-11-2020 2/2 The petitioner is in custody since 07-05-2020. It is stated in paragraph - 3 of the petition that petitioner has got no criminal antecedent.

Considering the aforesaid facts and circumstances, the bail application of petitioner is allowed. Let the above-named petitioner 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 learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 145 of 2020 on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.".

(Prabhat Kumar Singh, J.) anay/- U T