Karmveer Sahni @ Karmveer Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.879 of 2024 Arising Out of PS. Case No.-364 Year-2023 Thana- PARBATTA District- Khagaria ====================================================== Karmveer Sahni @ Karmveer Kumar Sahni SON OF RAM BILAS SAHNI RESIDENT OF VILLAGE - KULHARIYA, PS- PARBATTA, DISTKHAGARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vivekanand Singh For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 25-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Parbatta (Maraiya). P.S. Case No. 364/2023 registered for the offences punishable under Sections (1-B)a, 26, 35, of the Arms Aact and Section 37(c) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

As per prosecution case, one country made pistol, one live cartridge of .315 bore and Rs.500/- was recovered from possession of petitioner and he was apprehended on spot. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case.

Patna High Court CR. MISC. No.879 of 2024(2) dt.25-01-2024 2/3 Seizure list has not been made as per law. Petitioner is in custody since 03.08.2023. Learned counsel orally submits that chargesheet has already been submitted and there is no likelihood of tampering with the prosecution evidence. Petitioner bears no criminal antecedent.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, argument advanced on behalf of both sides and also taking into consideration the material available on record, 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 learned Sri Thakur Aman Kumar, I/C Special Excise Judge, 2nd,Khagaria in connection with Parbatta (Maraiya). P.S. Case No. 364/2023 , subject to the following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates

Patna High Court CR. MISC. No.879 of 2024(2) dt.25-01-2024 3/3 without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) asmit/- U T