Raju Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79847 of 2019 Arising Out of PS. Case No.-163 Year-2019 Thana- ADAPUR District- East Champaran ====================================================== Raju Sahani, Son of Dhurup Sahani @ Dhruv Sahni, Resident of VillageTikuliya, P.S.- Pipra District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra, Advocate For the Opposite Party/s :

Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-12-2019 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 30.08.2019 in connection with Aadapur P.S. Case No.163 of 2019 registered for the offence under Sections 25(1-b)a, 26, 35 of the Arms Act.

Learned counsel for the petitioner submits that nothing has been recovered from the conscious possession of the petitioner and therefore no case is made out under the Arms Act. It is further submitted that the present petitioner has been implicated in three other cases, out of which in two cases he has already been extended the privilege of bail. Considering the aforementioned facts and circumstances, let the petitioner, above named, be released on

Patna High Court CR. MISC. No.79847 of 2019(2) dt.05-12-2019 2/2 bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Raxaul at Motihari, East Champaran, in connection with Aadapur P.S. Case No.163 of 2019, subject to the following conditions:

(1) One of the bailors will be the father of the petitioner.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) PNM U T