Shyam Sundar Sahni @ Ram Sundar Sahni v. The State Of Bihar

Patna High Court Cr.Misc. No.46898 of 2017 (3) dt.09-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46898 of 2017 Arising Out of PS.Case No. -143 Year- 2017 Thana -BABUBARHI District- MADHUBANI ======================================================

1. Shyam Sundar Sahni @ Ram Sundar Sahni, S/o Ram Prasad Sahni, Resident of Village- Baruar, P.S.- Babubarhi, District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Subhash Kumar Jha For the Opposite Party/s : Mr. Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-11-2017 The petitioner seeks regular bail in connection with Babubarhi P.S. Case No. 143 of 2017, registered for offences punishable under Sections 307, 457 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner is of recovery of one country made pistol, one cartridge and one bottle of wine. It has been submitted on behalf of the petitioner that he has falsely been implicated in this case, which will appear from the fact that even on seizure list, there is no signature of petitioner. Further he has no criminal antecedent and has been in judicial custody for last three and half months.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two

Patna High Court Cr.Misc. No.46898 of 2017 (3) dt.09-11-2017 sureties of the like amount each to the satisfaction of learned 02nd Additional Sessions Judge, Madhubani, in connection with Babubarhi P.S. Case No. 143 of 2017, subject to the 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 cooperate 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.

(Vinod Kumar Sinha, J) sunil/- U T