Hira Sahni v. The State Of Bihar

Patna High Court Cr.Misc. No.25193 of 2016 (4) dt.09-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25193 of 2016 Arising Out of PS.Case No. -63 Year- 2016 Thana -LALIT NARAYAN UNIVERSITY DistrictDARBHANGA ====================================================== Hira Sahni son of Bharat Sahni resident of Village - Purani Munsafi, P.S. - Laheriasarai, District - Darbhanga.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Shashank Shekhar, Advocate For the Opposite Party : Mr. Pramod Kr. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody in connection with LNMU P.S.Case No.63 of 2016 registered for an offence under Sections 393, 414, 420, 467, 468 and 120B of the IPC and Sections 25(1b)A, 26 and 35 of the Arms Act. As per the prosecution case, it is alleged by the informant that on 06.03.2016 at 18.30 he proceeded with police force in patrolling duty and when he reached near Bela Durga Mandir at about 21.45 hours in the night a secret information was received that some miscreants were planning to commit loot-pat at Kirana businessman and in course of which four young persons on two motorcycles came near the Kirana shop on which the

Patna High Court Cr.Misc. No.25193 of 2016 (4) dt.09-08-2016 informant directed to stop the miscreants and on search some country made pistol along with cartridges were recovered. Learned counsel for the petitioner submits that the petitioner is in custody since 08.03.2016. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the case. Petitioner has got no criminal antecedent. One country made pistol along with two live cartridges are said to have been recovered from the possession of the petitioner. No compliance of Section 100 of the Cr.P.C. has been followed. The other co-accused has been granted bail by this Court vide Cr.Misc.No.17364 of 2016.

On behalf of the State, it is submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of CJM, Darbhanga at Laheriasarai in connection with L.N.M.U P.S.Case No.63 of 2016.

(Sudhir Singh, J) B.Kr./- U T