Raju Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54171 of 2017 Arising Out of PS.Case No. -75 Year- 2017 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Raju Sahani, Son of Dhruv Sahani, Resident of Village- Tikuliya Malahi Tola, P.S.- Pipra, District- East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 21.04.2017 in connection with Pipra P.S. Case No. 75 of 2017 for offences punishable under Sections 25 (1-b) a 26 and 35 of the Arms Act.

The prosecution case, as lodged by the police personnel, is that on the confessional statement of one accused Umesh Ram, the house of another accused Santosh Sahani was searched and three persons tried to flee away but two persons including the petitioner were apprehended. From the possession of the petitioner two live cartridges were recovered. Accordingly, a seizure list was prepared.

Patna High Court Cr.Misc. No.54171 of 2017 (2) dt.20-11-2017 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. He submits that charge-sheet has already submitted and co-accused who was apprehended along with him and from whose possession one country made pistol and two live cartridges were recovered has been granted the privilege of bail by a co-ordinate Bench of this Court in Cr. Misc. No. 39244 of 2017 on 19.08.2017.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Pipra P.S. Case No. 75 of 2017, subject to the condition that both bailors would be close relative of the petitioner having sufficient immovable property, who will file an affidavit stating their relationship with the petitioner. (Nilu Agrawal, J) Devendra/- U T