Chhotan Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54971 of 2021 Arising Out of PS. Case No.-74 Year-2021 Thana- PIPRA District- East Champaran ====================================================== CHHOTAN SAHANI SON OF AKLU SAHANI @ PRABHU SAHANI RESIDENT OF VILLAGE- CHINTAMANPUR, P.S- PIPRA, DIST- EAST CHAMPARAN, MOTIHARI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-05-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Pipra Police Station Case No. 74 of 2021, registered for the offences punishable under Sections 25(1-B)A/26/35 of the Arms Act.

On the basis of secret information that some miscreants have assembled, the police party proceeded towards the place of occurrence and on seeing the police party, the accused persons started fleeing away, however, the police arrested the petitioner and one loaded country-made pistol has been recovered from his possession.

Patna High Court CR. MISC. No.54971 of 2021(2) dt.19-05-2022 2/3 Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case by the police with oblique motive. He further submits that the petitioner is in custody since 01.03.2021, and charge sheet has already been submitted against him and as such there is no likelihood that the petitioner will abscond and/or tamper with the evidence. Regards being had to the submissions made on behalf of the parties and taking into consideration the materials on record and the fact that charge sheet has already been submitted and the petitioner is in custody since 01.03.2021, I am inclined to grant regular bail to the petitioners. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, at Motihari, in connection with Pipra Police Station Case No. 74 of 2021.

This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be

Patna High Court CR. MISC. No.54971 of 2021(2) dt.19-05-2022 3/3 cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √