Anil Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37058 of 2022 Arising Out of PS. Case No.-141 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== ANIL SAHNI Son of Naresh Sahni Resident of Village - Thathan Buzurg, P.S. - Hajipur Sadar, District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vasant Vikas For the Opposite Party/s :
Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-09-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 25(1-b)(a) and 26 of the Arms Act.
As per the prosecution case, a miscreant was apprehended by the police. On being asked, he disclosed his name as Anil Sahni. On search, a loaded country-made katta and a live cartridge were recovered.
Learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.37058 of 2022(2) dt.27-09-2022 2/3 the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is accused in 13 other criminal cases out of which he is on bail in 12 cases as stated in para 3 of the bail petition. The petitioner is in custody since 24.03.2022.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that a loaded country-made katta and a live cartridge were recovered from the possession of the petitioner.
Considering the aforesaid facts and circumstances of the case as well as the period of detention, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali in connection with Hajipur Sadar P.S. Case No. 141 of 2022, with following conditions:-
1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the prosecution will be at liberty to move for cancellation of his bail .
Patna High Court CR. MISC. No.37058 of 2022(2) dt.27-09-2022 3/3
2. If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail.
The application stands allowed.
(Chandra Prakash Singh, J) shobhakri/- U T