Shankar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68364 of 2018 Arising Out of PS. Case No.-370 Year-2017 Thana- MITHANPURA District- Muzaffarpur ====================================================== Shankar Sahni son of Late Santosh Sahni, Resident of Village- Mohansahri Ketola, P.S. Mithanpura, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Mithanpura P.S. Case No. 370 of 2017, registered for the offence punishable under Sections 25(1-b)a / 26 of the Arms Act.

It is submitted by the learned counsel for the petitioner that the petitioner was granted regular bail by this Court by an order dated 20.04.2018 passed in Criminal Miscellaneous No. 23809 of 2018, since the allegation was with regard to the recovery of one loaded country made pistol and the petitioner was languishing in custody since 30.11.2017, however, the petitioner could not be enlarged on bail on account of non disclosure of pendency of two other

Patna High Court Cr.Misc. No.68364 of 2018(4) dt.18-01-2019 2/3 criminal cases as against the petitioner herein. The learned counsel for the petitioner has submitted that the petitioner has disclosed the pendency of two other cases in the present bail petition in paragraph no. 3 and since the said fact was not known to the wife of the petitioner, who had sworn affidavit in the earlier bail petition, hence she could not disclose the aforesaid factum of the pendency of two cases. However, it is submitted that the petitioner is already on bail in the said two cases. Lastly, it is submitted that the petitioner has now suitably been punished even otherwise inasmuch as he is in custody since more than one year.

The order dated 20.04.2018 passed in Criminal Miscellaneous No. 23809 of 2018 has been brought on record of the present case by way of supplementary affidavit by which the petitioner was granted bail earlier in connection with with F.I.R. in question.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each

Patna High Court Cr.Misc. No.68364 of 2018(4) dt.18-01-2019 3/3 to the satisfaction of learned SDJM (East), Muzaffarpur in connection with Mithanpura P.S. Case No. 370 of 2017. (Mohit Kumar Shah, J) ajay gupta/- U T