Bittu Sahni @ Bittu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82718 of 2023 Arising Out of PS. Case No.-59 Year-2023 Thana- PUSA District- Samastipur ====================================================== Bittu Sahni @ Bittu Kumar, Son of Mahesh Sahni @ Mahesh Sahani Resident Of Village- Dhobgama, P.S.- Pusa, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mahendra Pratap. Advocate For the Opposite Party/s :
Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Pusa P.S. Case No. 59 of 2023 for the offences registered under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-B)a, 26 and 35 of Arms Act.
3. As per the prosecution case, on getting secret information the informant along with other police personnel reached at the mango orchard and apprehended two accused persons while other named accused persons including the petitioner managed to flee away. It is alleged that two country made pistols and three live cartridges were recovered from possession of apprehended accused persons.
4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case.
Patna High Court CR. MISC. No.82718 of 2023(2) dt.15-01-2024 2/2 Petitioner was not arrested on the spot. Nothing incriminating has been recovered from his possession. He has one criminal antecedent in which he is on bail. He is in custody since 14.09.2023. It is further submitted that similarly situated coaccused persons, namely, Nandlal Singh @ Lulhawa, Deepak Ray @ Deepak Rai @ Deepak Roy and Anmol Kumar have already been granted bail by co-ordinate Benches of this Court, vide order dated 11.10.2023 passed in Cr. Misc. No. 64540 of 2023, order dated 11.08.2023 passed in Cr. Misc. No. 49175 of 2023 and order dated 21.07.2023 passed in Cr. Misc. No. 42171 of 2023 respectively.
5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.
6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Pusa P.S. Case No. 59 of 2023.
(Sunil Dutta Mishra, J) rakhi/- U T