Patna High Court - Orders
Amod Sahni vs The State Of Bihar on 28 November, 2018
Author: Sanjay Kumar
Bench: Sanjay Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.69728 of 2018
Arising Out of PS. Case No.-575 Year-2017 Thana- KANTI THARMAL POWER District-
Muzaffarpur
======================================================
Amod Sahni son of Rajdev Sahani, resident of village Kanti Kothiya, P.S.
Kanti, District Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok
For the Opposite Party/s : Mr. Sri Sanjay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR
ORAL ORDER
2 28-11-2018Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner has renewed his prayer of bail in connection with Kanti P.S. Case No.575 of 2017 registered for the offences punishable under Sections 399, 400, 402, 413, 414 of IPC and Section 25(1-b)a, 26/35 of Arms Act. His prayer was earlier refused on 05.07.2018 in Cr. Misc.No.30490 of 2018.
It is alleged that the police party apprehended four miscreants including this petitioner who had assembled with looted motorcycle and firearms for committing dacoity.
It has been submitted that this petitioner has been made accused merely on suspicion. Nothing has been recovered from his possession rather a country made pistol has been planted by police. The petitioner is in custody since 30.12.2017 Patna High Court Cr.Misc. No.69728 of 2018(2) dt.28-11-2018 2/2 having clean antecedent except one criminal case being Kanti P.S. Case No.547 of 2017. The other similarly situated co- accused Bittu Kumar @ Raja has been allowed bail by one of the coordinate bench of this court in Cr.Misc.No.52411 of 2018. It has further been submitted that the trial is at initial stage and there is no chance of his absconding or tampering with the evidence.
The learned A.P.P. for the State opposed the submission.
Considering the facts and circumstances of the case, the prayer of regular bail is allowed. The petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of like amount each to the satisfaction of S.D.J.M.(West), Muzaffarpur in connection with Kanti P.S. Case No.575 of 2017.
(Sanjay Kumar, J) Harish/-
U