Patna High CourtCR. MISC./36875/2022bail granted

Bhujunga Sahani v. The State Of Bihar

2022-09-23Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36875 of 2022 Arising Out of PS. Case No.-24 Year-2022 Thana- PURNAHYA District- Sheohar ====================================================== BHUJUNGA SAHANI Son of Late Bhadai Sahani Village - Bakhar Kothia Tola, P.S. and P.S.- Puranhiya, District - Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

None For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-09-2022 None appears, on call.

Heard learned APP for the State through video conferencing in view of the COVID 19.

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

The petitioner is an accused in connection with Puranhiya P.S. Case No. 24 of 2022 under Sections 25(1-B) and 26 of Arms Act.

As per the prosecution story, the police during the regular patrolling got information that the petitioner is selling illicit liquor in his house and accordingly, the same was raided. Although, he tried to escape but was arrested. Upon search, a country made pistol along with three live cartridges were recovered. Accordingly, seizure list prepared and the FIR was

Patna High Court CR. MISC. No.36875 of 2022(2) dt.23-09-2022 2/3 lodged.

As per the averment made in bail application, the petitioner is in custody since 05.03.2022, is a very poor person surviving by his wife and five daughters and there is no one to look after them, he being the only bread earner. Considering the fact that he is in custody since 05.03.2022, and his long custody period will ultimately affect his family, charge sheet stands submitted and ultimately he has to face the trial, this Court is inclined to grant him privilege of bail.

Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M. II, Sheohar in connection with Puranhiya P.S. Case No. 24 of 2022, subject to the following conditions:- (i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail by the Trial court itself;

Patna High Court CR. MISC. No.36875 of 2022(2) dt.23-09-2022 3/3 (iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his presence;

(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Jagdish/Neha/- U T