Hardev Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43399 of 2025 Arising Out of PS. Case No.-290 Year-2024 Thana- MADHUBAN District- East Champaran ====================================================== Hardev Sahani S/o Vishwanath Sahani Resident of village- Kanshpakari Hardiya Madhuban, P.S.- Madhuban District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate Mr. Hemant Ray, Advocate For the State :

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Madhuban P.S. Case No. 290 of 2024 registered for the offence punishable under Sections 238, 3(5) of the Bhartiya Nyaya Sanhita and Section 25, 9, 27 of the Arms Act.

3. As per the prosecution story, the informant alleged that on information that joy firing is being made in a marriage ceremony and upon reaching there, it was informed that while snatching of the arms, one Lucky Kumar has sustained gun shot injury and has been rushed to Patna for treatment. Upon inquiry, the relatives of Lucky Kumar did not give any satisfactory reply but the removal of blood stains from the earth could be seen.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.43399 of 2025(4) dt.15-10-2025 2/2 petitioner is innocent and has been falsely implicated in this case. The petitioner is in custody since 18.02.2025. The petitioner is not named in the FIR. His name has transpired in the present case only on the basis of suspicion.

5. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, East Champaran, Motihari in connection with Madhuban P.S. Case No. 290 of 2024, subject to the condition that the petitioner will co-operate in the trial.

7. The petitioner will also mark attendance in Madhuban Police Station, District-East Champaran on the first and third Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bonds of the petitioner.

(Sandeep Kumar, J) P. Kumar U T