Lal Babu Sahni v. The State Of Bihar

Patna High Court Cr.Misc. No.40106 of 2015 (3) dt.13-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40106 of 2015 Arising Out of PS.Case No. -137 Year- 2015 Thana -MANIGACHI District- DARBHANGA ====================================================== Lal Babu Sahni Son of Dasrath Sahni resident of village - Dahila, Police Station Gaighat and District - Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Girish Chandra Jha For the Opposite Party : Mr. A.L.Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-10-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 22.05.2015 in a case instituted under Sections 399, 402 and 414 of the Indian Penal Code and Sections 25(1-b)A/35 of the Arms Act. As per allegation, it is a case of conspiracy of dacoity and recovery of some arms from the possession of the accused persons.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.05.2015. Chargesheet has been submitted in the case. Petitioner has got no criminal antecedent. There is no allegation of tampering of evidence against the petitioner. As per the allegation, one country made

Patna High Court Cr.Misc. No.40106 of 2015 (3) dt.13-10-2015 pistol and two live cartridges is said to have been recovered from the possession of the petitioner. The recovery has been denied by the petitioner. Other co-accused has been granted bail by the court below itself.

On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances, 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 Shri Anand Abhishek, Judicial Magistrate, Ist Class, Darbhanga in connection with Manigachhi P.S.Case No.137 of 2015, G.R.NO.1644 of 2015. (Sudhir Singh, J) B.Kr./- U T