Karu Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5140 of 2024 Arising Out of PS. Case No.-4 Year-2023 Thana- BAUGHAT District- Sheikhpura ====================================================== Karu Sahni, aged about 68 years, Male Son of Late Sito Sahni @ Shito Sahni, Resident of Village- Harinamchak, P.S. Baughat, District- Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Syed. Rizwanul Haque, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Baughat P.S. Case No. 04 of 2023 instituted for the offences punishable under Sections 25(1-b)a and 26 of the Arms Act.

3. As per the prosecution case, two country made kattas and five round cartridges have been recovered from the conscious possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. Petitioner is old man aged about 68 years has implicated in this case due to dirty village politics. Nothing has been recovered from his house or conscious possession of the petitioner and no any independent

Patna High Court CR. MISC. No.5140 of 2024(3) dt.21-03-2024 2/3 witness of the seizure list. Petitioner has got no criminal antecedent and is in custody since 21.08.2023.

5. Learned APP opposes the prayer for bail.

6. From perusal of the FIR and the impugned order of the learned District and Sessions Judge, Sheikhpura dated 11.12.2023, it appears that two country made kattas and five round cartridges have been recovered from the conscious possession of the petitioner. From perusal of the records, it also transpires that the witnesses have fully supported the prosecution case. No satisfactory documents in support of the recovery has been produced by the petitioner. Chargesheet has already been submitted against the petitioner. There is sufficient material in the records against the petitioner showing the complicity in the alleged crime.

7. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, I am not inclined to grant bail to the petitioner.

8. Prayer for regular bail of the petitioner is hereby rejected.

9. However, the learned trial Court is directed to conclude the trial preferable within a period of six months from the date of receipt of this order and if the trial is not concluded

Patna High Court CR. MISC. No.5140 of 2024(3) dt.21-03-2024 3/3 within the stipulated period then the petitioner shall renew his prayer for bail before the trial Court.

(Ramesh Chand Malviya, J) Anand Kr.

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