Sonu Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54966 of 2019 Arising Out of PS. Case No.-124 Year-2019 Thana- JANDAHA District- Vaishali ====================================================== Sonu Sahni Son of Ramsikil Sahni Resident of Village - Dihbuchauli, P.S.- Jandaha, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 26.05.2019 in a case registered for the offences punishable under Sections 13(I)(a)(b) of the Unlawful Activities (Prevention) Act and Sections 25(1-B)a/26/35 of the Arms Act. The prosecution case is that on 25.05.2019 Md. Shafir Alam, SHO of Jandaha Police Station received a secret information that co-accused Amarnath Sahni, Rakesh Sahni, Kari Sahni and others have assembled in the mango orchard belonging to Chando Singh at village Soharthi, consequently a raid was laid when two persons including the petitioner were apprehended. On search being made, a country made loaded pistol, two live cartridges and a mobile phone were recovered

Patna High Court CR. MISC. No.54966 of 2019(4) dt.20-11-2019 2/2 from the possession of co-accused Rohit Sahni and from the possession of petitioner naxal literature and a mobile phone were recovered.

It is submitted by learned counsel for the petitioner that no firearm was recovered from the possession of the petitioner and only naxal literature and a mobile phone were recovered from his possession. A statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that naxal literature and mobile phone were recovered from the possession of the petitioner. Considering the nature of accusation and period under custody, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner 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 learned Sub-divisional Judicial Magistrate, Hajipur, Vaishali in connection with Jandaha P.S. Case No. 124 of 2019.

(Dinesh Kumar Singh, J) DKS/- U T