Patna High CourtCR. MISC./36194/2020bail granted

Rajiv Sahani @ Rajip Sahani v. The State Of Bihar

2021-02-05Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36194 of 2020 Arising Out of PS. Case No.-72 Year-2020 Thana- SHYAMPUR BHATHA District- Sheohar ====================================================== Rajiv Sahani @ Rajip Sahani Son Of Sakal Sahani Resident Of Lakshminiya, Dumri Kayasari, P.S. Shyampur Bhataha, District - Sheohar ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Umesh Chandra Verma, Advocate For the State :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-02-2021 Heard learned counsel for the petitioner and learned APP for the State. Learned counsel for the petitioner has filed an undertaking to remove all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The petitioner is in custody since 24.05.2020 in connection with Shyampur Bhataha P.S. Case No. 72 of 2020 for the offences alleged under Sections 387, 120(B)/34 of the Indian Penal Code and Section 25(1-B)a, 26, 35 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion, except which there is no objective material to connect the petitioner with the alleged occurrence. No recovery of any incriminating article has been made from the

Patna High Court CR. MISC. No.36194 of 2020(3) dt.05-02-2021 2/2 petitioner. One loaded country made katta and one cartridge has been recovered from co-accused Rajnish Sahani who has been granted bail by this Court in Cr. Misc. No. 35747 of 2020. The petitioner claims clean antecedents.

4. Learned APP appears and has been heard.

5. Be that as it may and having regard to the period of custody already suffered since 24.05.2020, let the petitioner above named 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 Additional Chief Judicial Magistrate-I, Sheohar, in connection with Shyampur Bhataha P.S. Case No. 72 of 2020, if he is not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) Ibrar//- U T