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2025 DAILYLAW 111430 (PAT)

Anil Sahani v. The State of Bihar

CR. MISC./61727/2025 · 2025-11-01

Chandra Shekhar Jha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.61727 of 2025 Arising Out of PS. Case No.-21 Year-2025 Thana- Jai Bajrang District- East Champaran ====================================================== Anil Sahani S/o- Ram Balak Sahani Resident of Village- Sadhanpura, P.S.- Kathaiya, Dist- Muzaffarpur. ... ... Petitioner/s Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sumit Jha, Advocate For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 01-11-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. 2. The petitioner seeks bail in connection with Jai Bajrang P.S. Case No. 21/2025, registered for the offence under Section 313 of B.N.S. and Sections 25(1-b)a, 26, 35 of the Arms Act. 3. The accused/petitioner is named in the F.I.R. and is in custody since 13.03.2025. 4. As per FIR, the petitioner found in possession of one country made pistol and two live cartridges. Allegation also raised against the petitioner/accused to made an attempt to commit robbery armed with deadly weapons. 5. Learned counsel appearing on behalf of the petitioner submitted that the petitioner implicated with present case out of police atrocities after implication in Kathaiya P.S. Case No. 98 of Patna High Court CR. MISC. No.61727 of 2025(2) dt.01-11-2025 2/3 2023. It is submitted that it is a simplicity case qua recovery of firearms, whereas just to aggravate the allegations, petitioner alleged to attempt of robbery with deadly weapons, which cannot be gathered from the narration as available out of FIR. It is submitted that recovery of firearms even not appears from the conscious physical possession of this petitioner and, moreover, the seizure list qua recovery of firearms is supported by police personnel, which further makes it doubtful and support the version of police atrocities. While concluding the argument, it is submitted that investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. 6. Learned APP opposed the prayer of bail. 7. Considering the aforesaid factual submissions and by taking note of fact as the facial perusal of FIR, prima facie nowhere suggest that any attempt was made by the petitioner with deadly weapons to commit robbery, coupled with the fact that the seizure list of recovery of firearms not appears supported by independent witnesses, where petitioner remains in custody since 13.03.2025, accordingly, petitioner above named, is directed to be released on bail in connection with Jai Bajrang P.S. Case No. 21/2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Patna High Court CR. MISC. No.61727 of 2025(2) dt.01-11-2025 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-19th, East Champaran at Motihari/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS. veena/- (Chandra Shekhar Jha, J) U T