Jhunnu Sahani @ Jhunna Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59741 of 2025 Arising Out of PS. Case No.-175 Year-2025 Thana- PIPRAKOTHI District- East Champaran ====================================================== Jhunnu Sahani @ Jhunna Sahani S/o Subhash Sahani @ Ganesh Sahani, R/o Village- Majhariya, P.S.- Piprakothi, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Piprakothi P.S. Case No. 175 of 2025, dated 02.06.2025 registered for the offences punishable under Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, on 02.06.2025 at about 08:30 PM, the informant received information that at Majhariya village, the accused Golu Kumar was making celebratory firing on the marriage of his brother (petitioner). Thereafter, Police reached the said place and apprehended Golu Kumar and from his possession a country made loaded pistol,

Patna High Court CR. MISC. No.59741 of 2025(2) dt.01-09-2025 2/3 one live cartridge of 8MM and a bullet shell of 8MM were recovered.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner was not arrested from the spot and his name transpired in the present case on the basis of confessional statement of the co-accused person, Golu Kumar, who is the full brother of the petitioner. Nothing incriminating has been recovered from the conscious possession of the petitioner and petitioner has no concern with the alleged recovery and no case under Sections 25(1-B)(a), 26 and 35 is made out against the petitioner. The petitioner carries two criminal antecedents, however, he is on bail in both the cases as stated in paragraph no. 3 of the bail petition. The petitioner is in custody since 16.06.2025.

5. Learned A.P.P. for the State has vehemently 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, above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.59741 of 2025(2) dt.01-09-2025 3/3 satisfaction of learned Judicial Magistrate 1st Class, Motihari, East Champaran, in connection with Piprakothi P.S. Case No. 175 of 2025, on further condition:

(i) The petitioner is directed to remain physically present before the learned trial Court on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

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