Dayal Sahni @ Ram Dayal Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34024 of 2016 Arising Out of PS.Case No. -105 Year- 2015 Thana -DEORIYA District- MUZAFFARPUR ====================================================== Dayal Sahni @ Ram Dayal Sahni S/o Mithu Kumar Sahni @ Mithu Sahni. R/o Village- Gaura, P.S.- Paroo, District- Muzaffarpur. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar @ S.K., Advocate For the Opposite Party/s : Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-08-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections 341, 386/34 of the Indian Penal Code and 25(1-b) a, 26 and 35 of the Arms Act.
Petitioner and one co-accused Angad Mahto were caught by the informant and others when they had gone to make demand of extortion money from the informant and on search, four live cartridges and one country made katta were recovered from possession of the petitioner and his associates. Submission on behalf of the petitioner is that coaccused Angad Mahto having similar allegation has already been granted privilege of bail by a Co-ordinate Bench of this Court vide
Patna High Court Cr.Misc. No.34024 of 2016 (2) dt.19-08-2016 2/2 order dated 24.5.2016 passed in Cr. Misc. No.17374 of 2016 and so far as criminal antecedent of the petitioner is concerned, petitioner was made accused in three cases out of which in one case he has been acquitted and so far as the rest cases are concerned, the same were registered in the year 1998 and 2003 respectively.
Considering the aforesaid facts and circumstances as well as this aspect of the matter that petitioner is in jail custody since 31.12.2015 and having similar allegation, co-accused has already been granted privilege of bail, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Aditya Kumar Singh, Judicial Magistrate, 1st Class, Muzaffarpur in connection with Deoriya P.S. Case No.105 of 2015.
(Hemant Kumar Srivastava, J) N.H./- U T