Patna High CourtCR. MISC./26446/2017bail granted

Rajdeo Sahni v. The State Of Bihar

2017-07-07Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26446 of 2017 Arising Out of PS.Case No. -82 Year- 2017 Thana -TAJPUR District- SAMASTIPUR ======================================================

1. Rajdeo Sahni, S/o Bindi Sahni, R/o Village Gunai Basahi, P.S. Tajpur, District-Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in custody since 26.03.2017 in connection with Tajpur P.S. Case No. 82 of 2017 for the offences alleged under Section 25 (1-B)A 26/35 of the Arms Act. The prosecution case, as lodged by the police personnel, is that the police personnel got an information that the accused persons of Tajpur P.S. Case No. 46 of 2017 are halting in the house of Ganeshi Sahni. When police personnel raided the house of Ganeshi Sahani, then accused persons started fleeing away, out of them, petitioner and other co-accused Ganeshi Sahani were apprehended and from the pocket of Ganeshi Sahni, one country made pistol and one live cartridge were recovered and from the possession of the petitioner one empty cartridge and mobile has been recovered.

Patna High Court Cr.Misc. No.26446 of 2017 (3) dt.07-07-2017 2/2 It has been submitted by the learned counsel for the petitioner that petitioner has no criminal antecedent, as after the institution of the present case, the petitioner has been implicated in another case and remanded in the present case. Petitioner has been falsely been made accused in this case. Petitioner is innocent. Chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence.

However, learned A.P.P. submits that the petitioner has a criminal antecedent.

Considering the facts and circumstances and the materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st, Samastipur in connection with Tajpur P.S. Case No. 82 of 2017.

(Nilu Agrawal, J) sushma/- U T