Santosh Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60048 of 2021 Arising Out of PS. Case No.-191 Year-2020 Thana- PIPRA District- East Champaran ====================================================== SANTOSH SAHANI S/o Late Gurdel Sahani R/o village- Nandpur, P.S.- Muiffasil, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar No.III, Adv.
For the Opposite Party/s :
Mr. Ramchandra Singh, APP CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-10-2021 Heard Mr. Sunil Kumar No.III, learned counsel for the petitioner and Mr. Ramchandra Singh, learned Additional Public Prosecutor for the State.
Petitioner renews his prayer for bail in connection with Pipra PS Case No. 191/2020 registered for the offence punishable under Sections 399, 402, 413, 414 of the Indian Penal Code and Section 25(1-b)a, 26, 35 of the Arms Act inasmuch as earlier bail application of the petitioner was rejected vide order dated 09.03.2021 passed in Cr. Misc No. 1043/2021 (Annexure-1) with liberty to renew his prayer for bail after six months, if the trial does not show any progress. The allegation, as per First Information Report is that police got information that some criminals have assembled near chowk of Village-Chintamanpur, H.P. Gas Agency, for the
Patna High Court CR. MISC. No.60048 of 2021(2) dt.27-10-2021 2/3 purpose of committing robbery and loot in the petrol pump and Gas Agency, proceeded towards the place of occurrence and recovered one country made loaded pistol and three live cartridges from the waist of the petitioner.
Learned counsel for the petitioner submits that earlier while rejecting the bail application of the petitioner, this Court had granted liberty to him to renew his prayer for bail after six months, if the trial does not show any progress. Learned counsel next submits that petitioner is in custody since 08.06.2020 and referring to para-11 of the bail petition, learned counsel submits that charges have not yet been framed.
Regard being had to the submissions made by the parties and taking into consideration the material on record and the fact that the petitioner is in custody since 08.06.2020, charges have not yet been framed, and this is the second attempt for bail on behalf of petitioner, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, SANTOSH SAHANI be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East
Patna High Court CR. MISC. No.60048 of 2021(2) dt.27-10-2021 3/3 Champaran at Motihari in connection with Pipra PS Case No. 191/2020.
(Anil Kumar Sinha, J) perwez U T