Ranjit Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 71699 of 2019 Arising Out of PS. Case No.-97 Year-2019 Thana- MATIHANI District- Begusarai ====================================================== Ranjit Sahni male, aged about 34 years, S/o Tufani Sahni R/o villageKaithma, P.O.- Karpuri Nagar, P.S.- Muffasil, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

31-01-2020 Heard learned counsel for the parties.

The petitioner seeks bail in Matihani P.S. Case No. 97 of 2019 registered for the offence under Section 353, 307 of the Indian Penal Code and Sections 25(1-AA), 25(1-B)a, 26, 27, 35 of the Arms Act.

As per F.I.R., the petitioner was apprehended on an allegation of recovery of one loaded country-made pistol and one mobile phone.

It is submitted on behalf of petitioner that petitioner is innocent and he has falsely been implicated in this case due to suspicion. It is further submitted that similarly situated coaccused have already been granted bail by this Court, vide order dated 20-11-2019 in Cr.Misc. No. 66479/2019 (Mohan Singh), order dated 11-12-2019 in Cr.Misc. No. 69667/2019 (Mannu

Patna High Court CR. MISC. No.71699 of 2019(3) dt.31-01-2020 2/2 Kumar) and order dated 14-10-2019 in Cr.Misc. No. 61797/2019 (Chandan Kumar). In this case, chargesheet has already been submitted and as such, there is no chance of tampering with the evidence. Petitioner is in custody since 20-06-2019, having no criminal antecedent.

Considering the aforesaid facts and circumstances as well as the fact that similarly situated co-accused have been granted bail, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Junaid Alam, learned Judicial Magistrate 1st Class, Begusarai in connection with Matihani P.S. Case No. 97 of 2019 on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T