Sadhu Sahani @ Bablu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56790 of 2019 Arising Out of PS. Case No.-97 Year-2019 Thana- PIPRAKOTHI District- East Champaran ====================================================== SADHU SAHANI @ BABLU SAHANI S/o Nandu Sahani R/o villageMajhariya, P.S.- Pipra Kothi, District- East Champaran at Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikash Kumar Pankaj For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-10-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The present petition has been filed for grant of regular bail on behalf of the petitioner in connection with Piprakothi P.S. Case No. 97 of 2019 registered for the offence punishable under Sections 392 and 395 of the Indian Penal Code and Sections 25(1-b)a, 26, 27 & 35 of the Arms Act. The allegation is regarding three accused persons including the petitioner herein having intercepted one Md. Irfaan while he was going on motorcycle and, thereafter, they had surrounded him and the co-accused person, namely, Shashi Singh had fired with his pistol, however, no injury was caused to the said Md. Irfaan.

It is further alleged that when the said Md. Irfaan fled

Patna High Court CR. MISC. No.56790 of 2019(2) dt.01-10-2019 2/2 away, his belongings were taken away by the miscreants. The learned counsel for the petitioner submits that the allegation levelled against the petitioner is false inasmuch as the petitioner has been remanded in the present case after he was arrested in another case and moreover, no specific overt act has been alleged qua the petitioner herein, hence, the petitioner can be granted the privilege of regular bail. It is further submitted that the petitioner is languishing in custody since 30.05.2019 and no recovery of the stolen articles have been made from the conscious possession of the petitioner.

Having regard to the facts and circumstances of the present case, this Court deems it fit and proper to grant regular bail to the petitioner, above named, on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand), with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Piprakothi P.S. Case No. 97 of 2019.

(Mohit Kumar Shah, J) S.Sb/- U T