Patna High CourtCR. MISC./77949/2023allowed

Raj Kumar Sahni v. The State Of Bihar

2023-12-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77949 of 2023 Arising Out of PS. Case No.-426 Year-2023 Thana- NAANPUR District- Sitamarhi ====================================================== RAJ KUMAR SAHNI Son of Shivji Sahni @ Shibjee Sahni R/o village - Raipur, P.S. - Nanpur, Dist.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 399, 402 of the Indian Penal Code and Section 25(1-b)a, 26 and 35 of the Arms Act.

It is a case of recovery of incriminating weapons from the possession of co-accused persons.

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case due to dirty village politics. His name transpired on the basis of confessional statement of apprehended co-accused namely, Akabar @ Pinki, Md. Hussain and Dipu Kumar. The petitioner has no concern

Patna High Court CR. MISC. No.77949 of 2023(2) dt.05-12-2023 2/2 with alleged recovery and other co-accused persons. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. The petitioner is languishing in judicial custody since 26.08.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Nanpur P.S. Case No. 426 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 S.D.J.M., Pupri, Sitamarhi/Concern Court.

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