Patna High CourtCR. MISC./77316/2024bail granted

Devlal Sahani @ Devla v. The State Of Bihar

2024-10-30Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77316 of 2024 Arising Out of PS. Case No.-289 Year-2023 Thana- MUSAHARI District- Muzaffarpur ====================================================== Devlal Sahani @ Devla Son of Shivlal Sahani R/O Vill.- Chhoti Kothiya, P.S.- Mushahari, Dist.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shambhoo Kumar Suman, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 30-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Musahari P.S. Case no. 289 of 2023 registered under sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. As per the prosecution case, a loaded country made pistol with a live cartridge besides other articles were recovered from the possession of the petitioner.

3. Learned counsel for the petitioner submits that no incriminating article has been recovered from the petitioner's possession. He has been falsely implicated in the case because of his antecedents. He is in custody since 5.10.2023 and chargesheet has been submitted in the case. Co-accused Sonu Kumar

Patna High Court CR. MISC. No.77316 of 2024(2) dt.30-10-2024 2/2 has been enlarged on bail vide order dated 12.3.2024 passed in Cr. Misc. no. 14482 of 2024.

4. The application for bail is opposed by learned APP for the State who submits that the petitioner is accused in as many as eight cases from before.

5. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R, the petitioner having remained in custody for more than a year since 5.10.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Musahari P.S. Case no. 289 of 2023, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur. (Partha Sarthy, J) Harsh/- U T