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Patna High CourtCR. MISC./64879/2022rejected

Amarjeet Kumar Sahani v. The State Of Bihar

2023-02-16Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64879 of 2022 Arising Out of PS. Case No.-199 Year-2022 Thana- MAIRWAN District- Siwan ====================================================== Amarjeet Kumar Sahani S/O Late Rudal Sahani Resident of village- Imlauli, P.S.- Mairwa, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Javed Aslam, Adv.

For the Opposite Party/s :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Mairwa P.S. Case No. 199 of 2022 lodged under Sections 392, 302 of the I.P.C. read with Section 27 of the Arms Act. As per the prosecution case, the allegation of snatching of Rs.8,000/- and firing is there in the F.I.R. due to which the injured died.

Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. The case has been filed against unknown accused persons. He submits that his name has figured in this case only due to the reason that he was already

Patna High Court CR. MISC. No.64879 of 2022(2) dt.16-02-2023 2/2 arrested in Arms case and he was remanded in this case. Counsel submits that his name has come in this case by virtue of confessional statement of the co-accused.

Learned counsel for the State opposes the prayer for bail and submits that 3 accused persons have been arrested in this case and according to his knowledge, charge has not been framed in this case.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected but liberty is hereby granted to the petitioner that he may renew his prayer for bail after framing of charge. With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) prakashmani/- U T