Harihar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3002 of 2018 Arising Out of PS.Case No. -50 Year- 2016 Thana -MAKER District- SARAN ======================================================

1. Harihar Sahani, Son of Late Hawaldar Sahani, Resident of VillageMarwa Basaya, P.S.- Panapur, Dist- Saran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar, Advcoate For the Opposite Party/s : Smt Sangeeta Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-02-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sessions trial No. 152 of 2017 arising out of Maker P. S. Case No. 50/2016 registered for offences punishable under Sections 386, 387, 399, 402, 120 B of the Indian Penal Code and 25 (1-b)a 26/ 35 Arms Act and 4 and 5 of Explosive Substance Act, 1908 and 16 (1) B, 17, 18 (A), 19, 20, 38, 39 and 40 of Unlawful Activities Act.

It has been alleged that on the basis of secret information, the police arrived at the place of occurrence where accused had assembled with arms and they were planning to collect ransom money and after seeing the police they tried to flee

Patna High Court Cr.Misc. No.3002 of 2018 (3) dt.13-02-2018 2/2 away but the three accused persons were apprehended and rest fled away.

It has been submitted on behalf of the learned counsel for the petitioner that he had been falsely implicated in the case due to village politics and nothing has been recovered from the possession of the petitioner and the petitioner is in custody since 19.09.2016. It has further been submitted that similarly situated co-accused, Vikash Rai has been granted bail by a Coordinate Bench of this Court vide order dated 23.12.2016 passed in Cr. Misc. No. 47500 of 2016.

Considering the facts and circumstances and the materials on record, 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 learned Additional Sessions Judge-10th, Saran at Chapra in connection with Sessions Trial No. 152 of 2017 arising out of Maker P.S.Case No. 50 of 2016.

(S. Kumar, J) Sudha/- U T