Awadhesh Sahani @ Awadhesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21289 of 2018 Arising Out of PS. Case No.-216 Year-2017 Thana- PIPRAKOTHI District- East Champaran ====================================================== Awadhesh Sahani @ Awadhesh Sahni, son of Ramashish Sahni, Resident of Village- Dhab Majharia, P.S.- Majhwalia, District- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar Singh For the Opposite Party/s :

Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 12-04-2018 Heard learned counsels for the petitioner and the State.

The petitioner, already in custody, seeks bail in connection with Pipra Kothi P.S.Case No. 216 of 2017 registered under Sections 392 and 411 of the Indian penal Code and 25(1-b)a,26, 27 and 35 of the Arms Act.

Allegation in brief is that while the informant was going to his private bank, after making collection of money to the tune of Rs. 1,08,450/-, three criminals came on motorcycle started assaulting him and snatched his bag and on alarm raised by the informant, villagers turned up and started chasing, in the meanwhile police also turned up and apprehended two persons, out of the three, and while they were fleeing also opened fire and from the possession of the petitioner, country made pistol with live cartridges were recovered and from another

Patna High Court Cr.Misc. No.21289 of 2018(2) dt.12-04-2018 2/2 accused looted amount, only short of Rs. 25,000/-, was recovered.

Submission is that cash is not recovered from the possession of the petitioner and he is in custody since 03.11.2017 Petitioner was apprehended at the spot while retreating after committing robbery and looted money was recovered from his accomplice and arms was also recovered from the petitioner and he has criminal antecedent of similar nature, so prayer of bail of the petitioner is rejected. (Arun Kumar, J) sujit/- U T