Parshu Ram Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31849 of 2023 Arising Out of PS. Case No.-575 Year-2017 Thana- KANTI District- Muzaffarpur ====================================================== Parshu Ram Sahni, Son of Subelal Sahni, Resident of Village - Kolhua Paigamberpur (Imli Chowk), P.S.- Ahiyapur, District - Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-06-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Kanti P.S. Case No. 575 of 2017 registered for the offence under Sections 399, 400, 402, 413, 414 of the Indian Penal Code and 25(1b)a/26/35 Arms Act. The accused/petitioner is named in the F.I.R. and is in custody since 27.01.2023.

The allegation against the petitioner is to involve in preparation for dacoity alongwith other co-accused persons,

Patna High Court CR. MISC. No.31849 of 2023(2) dt.21-06-2023 2/3 where firearm alleged to be recovered from the possession of other co-accused persons.

Learned counsel appearing on behalf of the petitioner submitted that petitioner implicated falsely in present case as he was not apprehended in this case on the spot and mere on the basis of disclosure of apprehended co-accused persons, his name surfaced in this case and subsequent upon he was remanded in this case, while apprehended in Ahiyapur P.S. Case No. 541/2019. While concluding the argument, it is submitted that petitioner found involved in four more criminal cases, where he is on bail in three cases, and, moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as petitioner was not apprehended on the spot, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 27.01.2023, accordingly, petitioner above named, is directed to be released on bail in connection with Kanti P.S. Case No. 575 of 2017 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.31849 of 2023(2) dt.21-06-2023 3/3 amount each to the satisfaction of learned 18th Additional Sessions Judge, Muzaffarpur/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) veena/- U T