Lakhindra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 79516 of 2019 Arising Out of PS. Case No.-510 Year-2019 Thana- MINAPUR District- Muzaffarpur ====================================================== LAKHINDRA SAHNI Son of Poshan Sahni Resident of Village - Chhiterpur, P.S.- Minapur, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raja Ram Rai For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Minapur Police Station (for brevity, PS) Case No 510 of 2019 instituted for the offence under Section(s) 414 of Indian Penal Code, Sections 25 (1) (a)/26(3) of Arms Act and Section 30 of Bihar Prohibition & Excise Act, 2016.

First information report by the Station House Officer is that upon secret information regarding assembly of some criminal elements, he has gone to investigate the same. Four persons are said to have fled away on seeing the police. Petitioner, along with Sonu Kumar, was apprehended. It is submitted that it is a false case and that petitioner has no

Patna High Court CR. MISC. No.79516 of 2019(2) dt.18-12-2019 2/2 criminal antecedent. Petitioner is in custody since 15.09.2019 and other than 360 ml of illicit liquor, there is no recovery from his possession. Recovery of firearms is from co-accused Sonu Kumar. The recovery is not in accordance with law. Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Act, Muzaffarpur in connection with Minapur PS Case No 510 of 2019 dated 17.09.2019 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T