Kundan Kumar Sahni v. The State Of Bihar

Patna High Court Cr.Misc. No.19240 of 2017 (2) dt.17-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19240 of 2017 Arising Out of PS.Case No. -224 Year- 2016 Thana -PANDAUL District- MADHUBANI ======================================================

1. Kundan Kumar Sahni Son of Binod Sahni resident of village - Sahpur, P.S. - Pandaul, District - Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Sri Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-05-2017 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Pandaul P.S. Case No. 224 of 2016 registered for the offences punishable under Sections 25 (1-b)A / 26 of the Arms Act. Allegedly the petitioner was caught after chase and from possession of the petitioner one country made Katta with one live cartridge was recovered.

Submission is of false implication and that the petitioner is in custody since 01.11.2016, nothing has been recovered from possession of the petitioner. He has been made victim of the circumstances and, as such, he deserves sympathetic consideration.

Patna High Court Cr.Misc. No.19240 of 2017 (2) dt.17-05-2017 The learned A.P.P. submits that petitioner is in custody for more than six months.

In the facts and circumstances stated above, now the above named petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Madhubani in connection with Pandaul P.S. Case No. 224 of 2016 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) sushma/- U T