Patna High CourtCR. MISC./84104/2023allowed

Aditya Sahani @ Aditya Kumar v. The State Of Bihar

2024-01-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84104 of 2023 Arising Out of PS. Case No.-901 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Aditya Sahani @ Aditya Kumar Son Of Motilal Sahani @ Motilal Sahni Resident Of Village- Raghunathpur, Ps- Raghunathpur Op, Distt- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 399, 402, 413, 414 and 34 of the Indian Penal Code and Sections 25(1b)a/26/35 of Arms Act.

3. Prosecution case relates to recovery of one country made pistol along with two live cartridges from the possession of this petitioner. One motorcycle was also seized from his possession and regarding that petitioner said the vehicle belongs to one Ajit Kushwaha.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.84104 of 2023(2) dt.10-01-2024 2/2 falsely been implicated in this case. He has no concern either with the seized incriminating articles or with the seized motorcycle. Moreover, the petitioner is languishing in judicial custody since 21.08.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6.Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Turkauliya (Banjariya) P.S. Case No. 901 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran.

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