Patna High CourtCR. MISC./40428/2018bail granted

Harendra Sahni v. The State Of Bihar

2018-07-10Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40428 of 2018 Arising Out of PS.Case No. -124 Year- 2018 Thana - SAHEBGANJ District- MUZAFFARPUR ===================================== Harendra Sahni, S/o Ram Ekbal Sahni, R/o VillageMalmaripur, P.S.- Madhuban, Distt- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sheo Kumar Prasad For the Opposite Party/s : Mr. Sir Pramod Kumar Pandey ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-07-2018 The petitioner seeks bail in connection with Sahebganj P.S. Case No. 124 of 2018 dated 15.04.2018 instituted for the offence under Sections 399, 401, 402 of the Indian Penal Code and Section 25(1-B) a, 26, 35 of the Arms Act. On secret information that some miscreants have gathered at a place for committing dacoity, a raid was conducted. One auto-rickshaw was found parked and 4-5 persons were moving around in a suspicious manner. The petitioner is stated to have been arrested from the autorickshaw referred to above and from his possession, a country made pistol and a live cartridge were recovered. The learned counsel for the petitioner has submitted that since the petitioner was found standing near the place of

Patna High Court Cr.Misc. No.40428 of 2018 (2) dt.10-07-2018 2/2 raid, he has been falsely implicated in the present case, perhaps on mistaken identity. Though, it is alleged that fire arm weapon was recovered from his possession but the aforesaid recovery is only in paper and a sham. The petitioner does not have any criminal antecedent and he is in custody since 16.04.2018.

For the aforestated facts, the petitioner above named, is directed to be released on bail on his furnishing bail bonds of Rs. 10,000/-(ten thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-cum-Sub-Judge, 1st, West, Muzaffarpur in connection with Sahebganj P.S. Case No. 124 of 2018, G.R. No. 1048 of 2018.

(Ashutosh Kumar, J) Shageer/- U T