Patna High CourtCR. MISC./43056/2017bail granted

Motilal Sahani v. The State Of Bihar

2017-09-20Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43056 of 2017 Arising Out of PS.Case No. -172 Year- 2017 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Motilal Sahani, Son of Late Jugeshwar Sahani, R/o Vill Dumara P.S. Sugauli, Dist.- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Opposite Party/s : Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-09-2017 Heard the parties.

This application, for grant of anticipatory bail, arises out of Sugauli P.S. Case No. 172/2017, disclosing offences under Sections 25(1-b)a, 26 and 35 of the Arms Act. Petitioner is grandfather of Lavkush Sahani. From the First Information Report, it appears that wife of said Lavkush Sahani, namely, Khusbu Kumari told the police that she was being assaulted by her father-in-law, who is a criminal. The police subsequently seized the firearm from possession of Vijay Kumar Sahani, son of Motilal Sahani.

Learned counsel for the petitioner has submitted that the petitioner has been maliciously implicated without any rhyme

Patna High Court Cr.Misc. No.43056 of 2017 (2) dt.20-09-2017 2/2 or reason only because he happens to be grandfather-in-law of said Khusbu Kumari.

Considering the submission aforesaid, this application is allowed. Let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Sugauli P.S. Case No. 172/2017, subject to the condition laid down under Section 438(2) of the Cr.P.C.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Rakhi U T