Patna High CourtCR. MISC./65293/2024bail granted

Shravan Sahni v. The State Of Bihar

2024-10-01Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65293 of 2024 Arising Out of PS. Case No.-21 Year-2024 Thana- BITHAN District- Samastipur ====================================================== Shravan Sahni S/o Tiro Sahni R/o- Kua, P.S.- Bithan, District- Samastipur, Bihar- 848207 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Piyush Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bithan P.S. Case No. 21 of 2024 dated 23.02.2024 registered for the offences punishable under Section 399 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, it is alleged that one loaded country made katta and two live cartridges were recovered from the co-accused, Govinda Mukhiya, two empty cartridges were recovered from the petitioner's pocket and one mobile phone was recovered from the co-accused, Roshan Kumar. The petitioner and the co-accused persons were apprehended on the spot.

4. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.65293 of 2024(2) dt.01-10-2024 2/2 the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner was disclosed by the local Chowkidar. Nothing has been recovered from the possession of the petitioner as per the seizure list. The said arms and cartridges were recovered from the possession of the co-accused, Govind Mukhiya. The petitioner has no concern with the alleged recovery. The petitioner has two criminal antecedents as stated in para-3 of the bail petition and as per the supplementary affidavit filed on behalf of the petitioner, the petitioner has one other criminal antecedent. The petitioner is in custody since 24.02.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court concerned, Rosera, Samastipur in connection with Bithan P.S. Case No. 21 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T