Vinay Sahni @ Vinay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39563 of 2023 Arising Out of PS. Case No.-541 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== VINAY SAHNI @ VINAY KUMAR S/O BABULAL SAHNI R/O VillageKamalpura, P.S- Paroo, Distt.- Muzaffarpur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Dr. Bipin Chandra, Advocate For the Opposite Party/s :
Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-08-2023
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Kanti P.S. Case no. 541 of 2022 registered under sections 399, 400, 401 and 402 of the Indian Penal Code and sections 25(1-B)(a), 26 and 35 of the Arms Act.
3. As per the prosecution case, it is stated by the informant that on receiving information about the accused persons having gathered and making plan to give effect to an occurrence a raid was conducted and two accused persons were arrested. It is stated that two loaded countrymade pistol with live cartridges were recovered from their possession. It is
Patna High Court CR. MISC. No.39563 of 2023(2) dt.04-08-2023 2/3 further stated that they disclosed the names of accused persons, their associates who managed to flee away which included the petitioner herein.
4. Learned counsel for the petitioner submits that neither the petitioner was arrested at the spot nor any incriminating article has been recovered from his possession. The petitioner who has no criminal antecedent has been falsely implicated in the case on the basis of confessional statement of co-accused made before police.
5. Heard learned A.P.P for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegation in the FIR, no incriminating article having been recovered from the petitioner's possession, the name of the petitioner transpiring in the confessional statement of a co-accused made before police and specially the petitioner not having any criminal antecedent, it is directed that the petitioner above named, in the event of his arrest or surrender before the learned court below within a period of four weeks, be released on anticipatory bail in connection with Kanti P.S. Case no. 541 of 2022 on furnishing bail bond of Rs 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st
Patna High Court CR. MISC. No.39563 of 2023(2) dt.04-08-2023 3/3 Class, Muzaffarpur (West), District Muzaffarpur. (Partha Sarthy, J) Spd/- U T