Amarnath Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35588 of 2020 Arising Out of PS. Case No.-184 Year-2018 Thana- PATEPUR District- Vaishali ====================================================== Amarnath Sahni S/O Asheshwar Sahni R/O Village - Dihbuchauli, P.S. - Jandaha District- Vaishali at Hajipur.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Niranjan Parihar For the Opposite Party/s :

Mr.Uma Shankar Pd. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-12-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Patepur P.S. Case No. 184 of 2018, registered for the offence punishable under Sections 25(1-A)B/26/35 of the Arms Act.

As per the prosecution case, old iron barrel of riffle having wooden grip & iron chain, one old iron barrel fitted with wooden hand grip and one old semi manufactured iron gun body have been recovered from a hut situated in chaur in village Ajthama and it is alleged that this petitioner, after seeing the policy party, fled away.

It is submitted on behalf of petitioner that nothing has been recovered from the possession of the petitioner. Petitioner was not arrested on the spot and has got no concern with alleged

Patna High Court CR. MISC. No.35588 of 2020(2) dt.22-12-2020 2/2 recovery. In fact, recovery has been effected from a hut situated in chaur and he is in custody since 23-09-2019. Chargesheet has already been submitted.

Considering the aforesaid facts and circumstances, the bail application of petitioner is allowed. Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Vaishali at Hajipur in connection with Patepur P.S. Case No. 184 of 2018, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.".

(Prabhat Kumar Singh, J.) anay/- U T