Patna High CourtCR. MISC./30641/2018bail granted

Raj Kishore Sahani @ Raj Kishore Shani v. The State Of Bihar

2018-05-22Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30641 of 2018 Arising Out of PS.Case No. -54 Year- 2018 Thana -BRAHMPURA District- MUZAFFARPUR ======================================================

1. Raj Kishore Sahani @ Raj Kishore Shani S/o Ganesh Sahani, R/o Vill.- Shekhpur, Akharaghat Dhab, P.S.- Ahiyapur, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandra Shekhar Anand For the Opposite Party/s : Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-05-2018 Heard the parties.

The petitioner seeks regular bail in connection with Brahmpura P.S. Case No. 54 of 2018 for the offences punishable under Section(s) 356, 379, 411/34 of the Indian Penal Code and Section(s) 25(1-b) a/26/35 of the Arms Act.

The allegation is regarding a tempo being apprehended and from the dickey of the said tempo, a loaded country-made pistol was recovered and as far as the petitioner is concerned, he is said to be a co-passenger in the said tempo and a sum of Rs.7000/- was recovered from the petitioner apart from recovery of sum of Rs.8000/- from the co-accused persons namely, Rajesh Kumar The learned counsel for the petitioner submits that the petitioner is neither a driver nor the owner of the said tempo.

Patna High Court Cr.Misc. No.30641 of 2018 (2) dt.22-05-2018 2/2 Hence, any recovery of arms from the dickey of the said tempo can by no stretch of imagination be attributed to the petitioner. It is further submitted that the petitioner has a clean antecedent and is languishing in custody since 25.02.2018.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (rupees Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarur in connection with Brahmpura P.S. Case No. 54 of 2018.

(Mohit Kumar Shah, J) Sanjeev/- U T