Patna High CourtCR. MISC./33544/2020bail granted

Raja Sahani v. The State Of Bihar

2020-12-16Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33544 of 2020 Arising Out of PS. Case No.-231 Year-2017 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== RAJA SAHANI, Son of MAHESH SAHANI Resident of Village - Lohiya Nagar, Ward No.28, Panhas, P.S.- Nagar, Distt.- Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sarbottam Kumar Sarkar For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-12-2020 Heard Mr. Sarbottam Kumar Sarkar, learned counsel for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.

The petitioner seeks bail in connection with Begusarai Muffasil P. S. Case No. 231 of 2017 dated 31.05.2017, instituted for offences under Sections 414, 120(b) and 216 (a) of the Indian Penal Code and Sections 25(1-b)a and 26 of the Arms Act, 1959. It appears from the prosecution report that two loaded country-made pistol and cartridges were recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.33544 of 2020(2) dt.16-12-2020 2/3 The petitioner is stated to be in custody since 01.06.2017.

The learned counsel for the petitioner has drawn the attention of this Court to the fact that though he has been made accused in approximately ten (10) other cases, but in seven (7) of such cases, he is on bail whereas bail petition in three (3) other cases are pending in the High Court.

Apart from this, the learned counsel for the petitioner has submitted that one of the similarly situated accused persons, having criminal antecedents, has been granted bail by a Bench of this Court. Regard being had to the period of custody of the petitioner and taking into account the fact that no substantial progress has been made in the trial, the petitioner, above-named, is directed to be released on bail 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 Judicial

Patna High Court CR. MISC. No.33544 of 2020(2) dt.16-12-2020 3/3 Magistrate, 1st , Begusarai, in connection with Begusarai Muffasil P. S. Case No. 231 of 2017.

The petition stands allowed.

However, it is directed that if the petitioner jumps his bail-bonds or is made accused in a case of similar nature or if the case goes to trial and he does not participate in the trial in right earnest, his bail shall be rendered liable to be cancelled. In that event, the Investigating Officer of the case would be under an obligation to proceed to secure cancellation of the bail of the petitioner.

(Ashutosh Kumar, J) skm/- U T