Dilip Sahani @ Dilip Sahni @ Niteshji v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66912 of 2024 Arising Out of PS. Case No.-157 Year-2017 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== Dilip Sahani @ Dilip Sahni @ Niteshji Son of Late Shivnandan Sahni Resident of Village - Kajipur Thathan, P.S.- Hajipur Sadar, District - Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vasant Vikas For the Opposite Party/s :
Mr. Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-10-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Industrial Area P.S. Case No.157/2017, registered for the offence punishable under Sections 10, 11, 13, 18B & 20 of U.A.P.A. Act & Sections 25(1-b)a & 26 of the Arms Act.
3. Learned counsel for the petitioner submits that petitioner has antecedent of 7 cases and is in custody since 30.06.2023 and the informant alleges that on 14.10.2017, the police arrested Subhash Gupta near Durgasthan while other accused fled, on search of Subhash, one country made pistol along with five live cartridges along with a detonator, further Subhash disclosed that he is sub-zonal commander of Maowadi organization and he along with his leader namely Rajan,
Patna High Court CR. MISC. No.66912 of 2024(2) dt.04-10-2024 2/3 Musafir, Mantu, Dilip (petitioner), Arjun and Mukesh used to demand levy from the people, further on 14.10.2017, in the morning, he along with Mantu, Dilip and 4-5 other accused shot Tarkeshwar Paswan, next alleges that he along with other accused assembled in the night near Durga Asthan but Prakash, Mantu, Dilip (petitioner), Arjun and Mukesh fled with deadly weapons.
4. The learned counsel submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that Subhash approached this court seeking regular bail by filing Cr. Misc. No.21983/2018 and the same was allowed by a learned co-ordinate Bench by an order dated 20.04.2018. It is submitted that since the name of the petitioner transpired in the confessional statement of Subhash, as such, the petitioner be also released on bail.
5. Learned A.P.P. opposes the prayer for bail of the petitioner and submits that the case is under U.A.P.A. Act and the petitioner has antecedent of seven cases and during the course of investigation also it has transpired that petitioner was involved with Maowadi organization.
6. Considering the submissions made by the learned APP and taking into account the criminal antecedent of the
Patna High Court CR. MISC. No.66912 of 2024(2) dt.04-10-2024 3/3 petitioner, the Court is not inclined to release the petitioner on bail.
7. Accordingly, the regular bail application of the petitioner is rejected.
(Satyavrat Verma, J) amit/- U T