Bikash Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70820 of 2022 Arising Out of PS. Case No.-211 Year-2021 Thana- PARBATTA District- Khagaria ====================================================== 1.

BIKASH SAHNI Son of Fuldev Sahni Resident of Village - Kulhariya, P.S.- Parbatta, District - Khagaria.

2.

Gautam Kumar Son of Ashok Tiwari Resident of Village - Kulhariya, P.S.- Parbatta, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-02-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek regular bail in connection with Parbatta P.S. Case No. 211 of 2021 registered for the offence under Sections 399, 402 of the IPC.

Allegation against the petitioner along with coaccused persons that while they were assembled and preparing for committing offence, the police party raided the place of occurrence and arrested them. On search, two country made pistol along with eight bullets were recovered from the possession of the accused persons.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.70820 of 2022(2) dt.28-02-2023 2/2 petitioners are innocent and have committed no offence. They have falsely been implicated in this case at the instance of their enemies in collusion with police. They have no concern with the alleged arms and ammunition which were recovered from the place of occurrence. It is further submitted that seizure list was not prepared according to Section 100 of Cr.P.C. Moreover, both the petitioners are languishing in judicial custody since 27.7.2021.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Parbatta P.S. Case No. 211 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge Vth, Khagaria.

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