Patna High CourtCR. MISC./48335/2024bail granted

Jitendra Sahni v. The State Of Bihar

2024-07-10Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48335 of 2024 Arising Out of PS. Case No.-68 Year-2024 Thana- Chakmesi District- Samastipur ====================================================== Jitendra Sahni Son of Shambhu Sahni Resident of Vill- Jagdish Paran, P.S.- Chakmeshi District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Thakur, Adv.

For the Opposite Party/s :

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Chakmehsi P.S. Case No. 68 of 2024 instituted for the offences under Sections 25(1-B) a/35 of the Arms Act.

3. As per prosecution case, on 21.05.2024, the Informant along with other police forces were checking the vehicles. In course of such checking, the Informant saw three boys on a bike but, on seeing the police force, they turned the vehicle and lost balance of the bike due to which, all the three boys fell down and started running away. The police chased them and arrested all of them. On query, they revealed their names as Suraj Kumar, Jitendra Sahni (petitioner) and Rohit Kumar. On search, a keypad mobile phone has been recovered

Patna High Court CR. MISC. No.48335 of 2024(2) dt.10-07-2024 2/3 from the possession of the petitioner.

4. It is alleged that the police has also recovered a country-made pistol from the possession of the co-accused Suraj Kumar.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to enmity and grudge. The alleged motorcycle does not belong to the petitioner. He further submits that no fire-arm has been recovered from the possession of the petitioner rather the same has been recovered from the co-accused Suraj Kumar. The petitioner has no criminal antecedent and is languishing in judicial custody since 22.05.2024 without any rhymes or reason. Charge-sheet has been submitted in this case.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the

Patna High Court CR. MISC. No.48335 of 2024(2) dt.10-07-2024 3/3 like amount each to the satisfaction of Court below/concerned Court in connection with Chakmehsi P.S. Case No. 68 of 2024, subject to the following conditions;

(i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) rishi/- U T