Chunchun Sahni @ Chunnu Sahni v. The State Of Bihar
Patna High Court Cr.Misc. No.19445 of 2017 (3) dt.07-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19445 of 2017 Arising Out of PS.Case No. -138 Year- 2016 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Chunchun Sahni @ Chunnu Sahni, son of Nandu Sahni, resident of Village- Nayagaon, Mahuawa, Police Station- Piprahi, District- Sheohar. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-07-2017 Heard the parties.
The petitioner seeks regular bail in connection with Rajepur P.S.Case No.138 of 2016, registered for offences punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act. Allegation against the petitioner is about recovery of one pistol and two cartridges and the petition shows that he is accused in two other cases also.
Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case and now he has remained in custody for more than eight months. It is further submitted that so far criminal antecedent of the petitioner is concerned, he is accused in two similar type of cases. Heard learned A.P.P. also.
Patna High Court Cr.Misc. No.19445 of 2017 (3) dt.07-07-2017 Having heard both sides and in view of submission of the learned counsel for the petitioner, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Sadar at Motihari, East Champaran in connection with Rajepur P.S.Case No.138 of 2016. With following conditions :
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(iv) In future, if his active participation is found in similar type of cases, his bail bond shall automatically be cancelled.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U