Ramesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35376 of 2024 Arising Out of PS. Case No.-46 Year-2024 Thana- PIPRAKOTHI District- East Champaran ====================================================== Ramesh Sahani Son of Shambhu Sahani Resident of Village- Bhagwatiya, P.S.- Kesariya, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prateek Tandon, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Piprakothi P.S. Case No. 46 of 2024 instituted for the offence under Sections 399 & 402 of the Indian Penal Code, Sections 25(1-B)a, 26 & 35 of the Arms Act and Section 20(b)(ii)(c), 23(c) & 29 of the NDPS Act.

3.

Prosecution case in short is that on secret information pertaining to planning of crime by some miscreants, police party reached the place of occurrence. It is alleged that from the possession of the petitioner one country made pistol, one live cartridge and mobile phones were recovered.

Patna High Court CR. MISC. No.35376 of 2024(3) dt.25-06-2024 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 01-03-2024. Petitioner bears two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submits that petitioner has no concern with the recovered arms. Nothing has been recovered from the conscious possession of the petitioner. It is next submitted that there is no compliance of Section 100 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 petitioner. 7.

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

8.

Let the 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 Court below/concerned Court in connection with Piprakothi

Patna High Court CR. MISC. No.35376 of 2024(3) dt.25-06-2024 3/3 P.S. Case No. 46 of 2024.

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