Rahul Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46374 of 2023 Arising Out of PS. Case No.-213 Year-2022 Thana- BOCHAHAN District- Muzaffarpur ====================================================== Rahul Kumar Sahni Son Of Raghu Raj Sahni Resident Of Village - Sarwani Chak, P.S. - Bochahan, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Kumar For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 399, 402, 413, 467, 468, 471, 120(B) of the Indian Penal Code and Sections 25(1-B)a, 26 and 35 of Arms Act.

As per prosecution story, the petitioner along with other co-accused persons were planning for committing robbery in the meantime, police party reached there and arrested them. On search, one loaded country made pistol along with one live cartridge was recovered from the possession of the petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to highhandedness of

Patna High Court CR. MISC. No.46374 of 2023(2) dt.04-08-2023 2/2 police. It is further submitted that petitioner has no concern with the alleged recovery of arms or with the place of occurrence. It is further submitted that there is no independent witness of the seizure list. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 17.05.2022. Similarly situated other co-accused person has already been granted bail by this Court vide Annexure-2 of this petition. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bochahan P.S. Case No. 213 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, East Muzaffarpur.

(Sunil Kumar Panwar, J) Shubham/- U T