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Patna High CourtCR. MISC./4290/2021allowed

Rajeeb Sahni @ Rajiv Sahani v. The State Of Bihar

2021-02-01Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4290 of 2021 Arising Out of PS. Case No.-354 Year-2018 Thana- DESARI District- Vaishali ====================================================== RAJEEB SAHNI @ RAJIV SAHANI, Son of Nagina Sahani, Resident of Village - Paharpur, P.S.- Desari (Sahdei O.P.), District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within three weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 399, 402, 414/34 of the Indian Penal Code, Sections 25(1-b)a, 26, 35 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act, 2018. On the tip of information that some miscreants are assembled for committing offence, when the police party reached near the place they tried to escape but three persons were apprehended. One of the apprehended persons disclosed the name of the petitioner as one of his accomplice in this

Patna High Court CR. MISC. No.4290 of 2021(2) dt.01-02-2021 2/2 occurrence as well as other occurrence and the owner of the motorcycle.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. There is no recovery from the conscious possession of the petitioner. The petitioner was not apprehended on the spot. The petitioner is in custody since 03.10.2019. He submits that vide order dated 18.03.2020, a liberty was granted to the petitioner to renew his prayer for bail after framing of charge. He further submits that charge has been framed against the petitioner vide order dated 21.11.2019.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II cum Excise Court, Vaishali at Hajipur, in connection with Desari (Sahdei O.P.) P.S. Case No. 354 of 2018.

(Anjani Kumar Sharan, J) amitkumar/- U T