Allowed

Arbind Sahni @ Arbindi Sahni v. The State Of Bihar

Patna HC24 Sept 2014CR. MISC./36969/2014

Case brief

AI extract

What is this about?

Single judge of the Patna High Court granted bail to four petitioners arrested in a raid involving recovery of country-made pistols and cartridges from PS Case No. 12 of 2014.

What did the court decide?

Released on bail on execution of bail bonds of Rs. 10,000/- each with two sureties of the like amount each, subject to specified conditions regarding nature of bailors and presence during trial.

Arbind Sahni @ Arbindi Sahni Vs The State Of Bihar — Criminal Trial and Appeal | Patna HC (2014)

¶1

Patna High Court Cr.Misc. No.34923 of 2014 (2) dt.24-09-2014

¶2

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34923 of 2014 Arising Out of PS.Case No. -12 Year- 2014 Thana -BYPASS District- PATNA ====================================================== Banti Sahni S/O Gulten Sahni R/o Kundal Sikandarpur, P.S.- Nagar Distt. Muzaffarpur. A/P Karmalichak, P.S. Bypass, Distt.- Patna .... .... Petitioner/s Versus The State of Bihar ………………………….... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.36969 of 2014 Arising Out of PS.Case No. -12 Year- 2014 Thana -BYPASS District- PATNA ====================================================== Arbind Sahni @ Arbindi Sahni son of Surendra Sahni, R/o Bahri Dhawalpura, P.S.- Bypass, District- Patna .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.37001 of 2014 Arising Out of PS.Case No. -12 Year- 2014 Thana -BYPASS District- PATNA ====================================================== Pawan Sahani son of Late Laxman Sahani, R/o Bahri Dhawalpura,P.S.Bypass, District-Patna ... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.39429 of 2014 Arising Out of PS.Case No. -12 Year- 2014 Thana -BYPASS District- PATNA ====================================================== Gobardhan Manjhi son of Late RamsharanManjhi, R/o Mansoorganj Mushari Tola, P.S.- Malsalami, District- Patna .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nityanand Kumar For the Opposite Party/s : Mr. Satyavrat Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER

¶3

2 24-09-2014 Above noted applications have arisen out of one

¶4

occurrence i.e. Bypass P.S. Case No. 12 of 2014 registered for the

¶5

Patna High Court Cr.Misc. No.34923 of 2014 (2) dt.24-09-2014

¶6

offences punishable under Sections 399, 402, 120B, 412 of the Indian Penal Code and Sections 25(1-b)a, 26/35 of the Arms Act as such they have been heard together and are being disposed of by this common order.

¶7

During course of investigation of Bypass P.S. Case No. 175 of 2013, acting on a tip off, a raid was conducted at Pasikhana and during raid seven persons were apprehended while others managed to escape. On search, from possession of Banti Sahni one loaded country made pistol besides two live cartridges, from possession of Arbind Sahni one country made loaded pistol along with two cartridges, from possession of Pawan Sahani one loaded country made pistol with three cartridges and from possession of Gobardhan Manjhi one loaded country made pistol besides one live cartridge were recovered.

¶8

Submission at the bar for release of the petitioners is that they are in custody since 22.1.2014. The manner in which seizure has been shown indicates that it is a case of plantation, the alleged search and seizure are not in accordance with law and as such the petitioners deserve sympathetic consideration to which the learned APP opposes.

¶9

In the facts and circumstances as stated above and considering the period of detention, the petitioners Banti

¶10

Patna High Court Cr.Misc. No.34923 of 2014 (2) dt.24-09-2014

¶11

Sahni (Cr. Misc. No. 34923 of 2014), Arbind Sahani @ Arbindi Sahni (Cr. Misc. No. 36969 of 2014), Pawan Sahani (Cr. Misc. No. 37001 of 2014) and Gobardhan Manjhi (Cr. Misc. No. 39429 of 2014) are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge I, Patna City in S. Tr. No. 665 of 2014 arising out of Bypass P.S. Case No. 12 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.

¶12

(Jitendra Mohan Sharma, J)

¶13

avin/-

¶14

U T

Arbind Sahni @ Arbindi Sahni v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Arbind Sahni @ Arbindi Sahni v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Manoj Kumar Vs The State Of Bihar

Krishna Paswan Vs The State Of Bihar

Narendra Singh @ Nagendra Singh Vs The State Of Bihar

Ayub Ali Vs The State Of Bihar

Ram Balak Paswan Vs The State Of Bihar

Arvind Kumar Sahni @ Arvind Kumar @ Arbindra Kumar Sahni Vs The State Of Bihar