Amarnath Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36999 of 2020 Arising Out of PS. Case No.-124 Year-2019 Thana- JANDAHA District- Vaishali ====================================================== AMARNATH SAHNI Son of Asheshwar Sahni, Resident of 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, Adv.

For the Opposite Party/s :

Mr.B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-02-2021 Heard both sides.

Petitioner seeks bail in Jandaha P.S. Case No.124 of 2019 registered under Sections 13(1)(a)(b) of the U.A.P. Act and under Sections 25(1-b)a, 26 and 35 of the Arms Act. The S.H.O. of Jandaha P.S. got information about the assemblage of criminals and the members of naxal gangs in a mango orchard situated in village Soharathi and raided the place. Two persons, namely, Rohit Sahani and Sonu Sahani were apprehended and from their possession, arms and ammunition were recovered. The apprehended accused disclosed the name of the petitioner as the person, who managed to flee away. Learned counsel for the petitioner submits that nothing has been recovered from possession of the petitioner. The petitioner is in custody since 31.08.2019. He has already remained in jail for one year and five months. The petitioner has of course got criminal antecedent and two criminal cases are

Patna High Court CR. MISC. No.36999 of 2020(3) dt.08-02-2021 2/2 pending against the petitioner. In one case, the petitioner is named in the F.I.R. and in another case, the name of the petitioner surfaced during the course of investigation. The petitioner has already remanded in both cases. In the present case, all other accused persons save and except one, namely, Anil Baitha, who is accused in ten criminal cases, have been granted bail by different orders of this Court. Taking into consideration the facts that of course two criminal cases are pending against the petitioner but in the present case, nothing has been recovered from possession of the petitioner and the petitioner has remained in jail for one year and five months, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.

10,000/-(rupees ten thousand) with two sureties of like amount each to the satisfaction of learned S.D.J.M., Vaishali at Hajipur in connection with Jandaha P.S. Case No.124 of 2019, subject to the condition that one of the bailors shall be the close relation of the petitioner having substantial immovable property within the jurisdiction of the Court.

(Prabhat Kumar Jha, J) Harish/- U T