Patna High CourtCR. MISC./48899/2023bail granted

Bipin Kumar Sahani @ Bipin Sahani v. The State Of Bihar

2023-08-09Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48899 of 2023 Arising Out of PS. Case No.-185 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== BIPIN KUMAR SAHANI @ BIPIN SAHANI S/O LATE VIMAL SAHANI @ BIMAL SAHNI R/O Village- Phursatpur, Bairiya, P.S- Motihari, Muffasil, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhurendra Kumar For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-08-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Harsidhi P.S. Case No. 185 of 2023 dated 17.03.2023 registered for the offences punishable u/ss 399, 402, 413, 414 of the Indian Penal Code and Section 25(1-B)a, 26, 35 of the Arms Act and Sections 20(b)(ii) (c), 25, 29 of the N.D.P.S. Act.

4. As per the prosecution case, one live cartridge, 1.444 Kgs of Charas, one country made pistol, mobile phone

Patna High Court CR. MISC. No.48899 of 2023(2) dt.09-08-2023 2/3 were recovered from the possession of the three co-accused persons who were apprehended on the spot whereas this petitioner managed to flee away.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The name of the petitioner was disclosed by the co-accused persons who were apprehended on the spot. The co-accused person has already been granted bail by the Coordinate Bench of this Court vide order dated 24.07.2023 passed in Cr. Misc. No. 35384 of 2023. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.03.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Motihari in connection with

Patna High Court CR. MISC. No.48899 of 2023(2) dt.09-08-2023 3/3 Harsidhi P.S. Case No. 185 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T