Arvind Sahni @ Arbind Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43127 of 2024 Arising Out of PS. Case No.-79 Year-2021 Thana- PATEPUR District- Vaishali ====================================================== 1.

Arvind Sahni @ Arbind Sahni S/o Shiv Shankar Sahni R/o vill - Peyarepur, ward no. 7, P.S. - Baligaon, Distt. - Vaishali, Bihar 2.

Sharvan Sahni @ Shravan Sahni S/o Shiv Shankar Sahni R/o vill - Peyarepur, ward no. 7, P.S. - Baligaon, Distt. - Vaishali, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhav Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 26-07-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seeks bail in Patepur P.S. Case No. 79 of 2021 registered for the offence punishable under Sections-399 & 402 of the Indian Penal Code and Sections-25(1-b)a, 26 and 35 of the Arms Act.

3. As per prosecution case, one loaded country-made pistol and one live cartridge was recovered from possession of coaccused Chandan Paswan @ Vikki Raj whereas one country-made pistol was recovered from possession of co-accused, Ramesh Sahni.

4. Learned counsel for the petitioners has submitted that the co-accused Chandan Paswan who was arrested at the spot and from whose possession, a country-made pistol was recovered, has

Patna High Court CR. MISC. No.43127 of 2024(2) dt.26-07-2024 2/2 been granted bail by a Coordinate Bench of this Court vide order dated 18-02-2022 passed in Cr. Misc. No. 41042 of 2021. The petitioners were not arrested at the spot. Nothing was recovered from their possession and their names have figured in this case on the basis of confessional statement of co-accused Chandan Paswan. They are in custody since 06-12-2023.

5. Learned APP has opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances, let the petitioners named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Patepur P.S. Case No. 79 of 2021 with condition that the petitioners will appear in the court below on each and every date fixed in the case and if, they fail to do so on two consecutive dates unless they are prevented by extremely adverse circumstances, the learned court below shall be at liberty to cancel the bail bonds of the petitioners.

(Nawneet Kumar Pandey, J) A.K.V.//- U T