Ramesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32443 of 2020 Arising Out of PS. Case No.-16 Year-2020 Thana- PATEPUR District- Vaishali ====================================================== Ramesh Sahani, S/o Phulo Sahni Resident of Village- Khesrahi, Ps.- Patepur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Sinha For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-02-2021 Heard Mr. Satya Prakash Sinha, learned counsel for the petitioner and learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Patepur P. S. Case No. 16 of 2020 dated 26.01.2020, instituted for the offences under Sections 302 and 120 (B) of the Indian Penal Code and Section 27 of the Arms Act, 1959.

The petitioner has neither been named in the F.I.R. nor any suspicion has been raised against him. Five persons are said to have been arrested in another case, namely, Patepur P. S. Case No. 29 of 2020, which was instituted for the offences under Sections 399

Patna High Court CR. MISC. No.32443 of 2020(2) dt.10-02-2021 2/3 and 402 of the Indian Penal Code and Sections 25(1b)a, 26 and 35 of the Arms Act, 1959 and the name of the petitioner transpires in the friend list of the aforesaid arrested accused persons. The name of the petitioner also finds place in the confession of the aforesaid arrested persons.

All those persons who have been arrested in the case referred to above, have been granted anticipatory bail.

Considering the afore-stated facts and taking into account the fact that the accusation of the petitioner is only on the basis of confession of an arrested accused persons, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at

Patna High Court CR. MISC. No.32443 of 2020(2) dt.10-02-2021 3/3 Hajipur, in connection with Patepur P. S. Case No. 16 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T