Arun Sahni v. The State Of Bihar

Patna High Court Cr.Misc. No.4618 of 2017 (2) dt.07-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4618 of 2017 Arising Out of PS.Case No. -2 Year- 2016 Thana -BOCHHA District- MUZAFFARPUR ====================================================== Arun Sahni Son of Bindeshwar Sahni of Vilage-Hanuman Nagar P.S. Rajepur, District-East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Bochaha P.S. Case No. 2 of 2016 registered for the offences punishable under Sections 399/402 of the Indian Penal Code and Sections 25(1b)a,26/35 of the Arms Act. Allegedly, four persons were apprehended including the petitioner and from the seat of the tempo one rifle was recovered where the petitioner and others were sitting and the petitioner is in custody since 08.01.2016.

Submission is of false implication and that one country made pistol with two cartridges have been recovered from Chandan Kumar Singh who has already been allowed bail vide Cr. Misc. No. 36297 of 2016 and further similarly situated co-accused Suresh Rai and Shyam Sundar Paswan have been allowed bail

Patna High Court Cr.Misc. No.4618 of 2017 (2) dt.07-03-2017 vide Cr. Misc. No. 43532 of 2016 and the petitioner is suffering in custody.

Learned APP submits that other co-accused have been allowed bail.

In the facts and circumstances stated above, considering the period of detention, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Additional Sessions Judge, Muzaffarpur in S. Tr. No. 346 of 2016 arising out of Bochaha P.S. Case No. 2 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T