Arjun Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64754 of 2022 Arising Out of PS. Case No.-246 Year-2022 Thana- SUGAULI District- East Champaran ====================================================== Arjun Sahani S/O Manejar Sahni @ Manager Sahani Resident Of VillageSarottar, P.S.- Dumariaghat, District- East Champaran, At Present Residing At, Village- Indragachhi, P.S.- Sangrampur, District- East Champaran. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Pandey For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 399, 402 of the Indian Penal Code, Section 25(1-B)a/26/35 of Arms Act, Section 8/20(b)(ii)(c) of N.D.P.S. Act.

It is a case of preparation of commission of offence. It is alleged that a knife was recovered from the possession of the petitioner.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.64754 of 2022(2) dt.24-02-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Nothing incriminating has been recovered from the conscious possession of the petitioner. He is only the driver of the alleged vehicle from which the recovery has been made. Moreover, the petitioner is languishing in judicial custody since 27.5.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated co-accused person has been granted Bail vide order dated 07.02.2023, passed in Cr. Misc. No. 63231 of 2022 by the co-ordinate Bench of this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection

Patna High Court CR. MISC. No.64754 of 2022(2) dt.24-02-2023 3/3 with Sugauli P.S. Case No. 246 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 5th , East Champaran, Motihari.

(Sunil Kumar Panwar, J) nirajkrs/- U T