Kameshwar Sahani v. The State Of Bihar

Patna High Court Cr.Misc. No.57827 of 2015 (2) dt.29-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57827 of 2015 Arising Out of PS.Case No. -173 Year- 2015 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Kameshwar Sahani S/o - Khobhari Sahani R/o Village - Tinkoni, P.S. - Darpa, District - East Champaran.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Kundan Kumar For the Opposite Party/s : Mr. Sanjay Kr.Tiwary 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-01-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Ghorasahan (Lakhaura), P.S. Case No. 173 of 2015 registered for the offences punishable under Sections 25 (1-b)a, 26, 35 of the Arms Act, 17 C.L.A. Act.

Allegedly, acting on a tip off, raid was conducted and Matar Sahni and Chanardeo Sahni were arrested and they stated the name of the petitioner also but they have already been allowed bail by another co-ordinate Bench of this Court vide Criminal Misc. No.51603 of 2015 and the petitioner is suffering in custody since 27.8.2015.

Patna High Court Cr.Misc. No.57827 of 2015 (2) dt.29-01-2016 Submission is of false implication and that there is no legal and cogent material against the petitioner. Learned A.P.P. submits that the petitioner has got criminal antecedent.

In the facts and circumstances stated above, the petitioner is also directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned C.J.M., Motihari, East Champaran in connection with Ghorasahan (Lakhaura) P.S. Case No. 173 of 2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) siddharth/- U T