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HIGH COURT OF PATNA
Mr. Justice Partha Sarthy
ANIL SAHNI @ ANIL SAHANI – Appellant
Versus
The State – Respondent
CR. MISC./18069/2022
An accused person is entitled to bail if they have not been put on T.I. Parade despite being in custody for more than 1 year and the charge-sheet has been submitted in the case.
Headnote:
BAIL - MAOIST - DEMAND OF MONEY - DESTRUCTION OF PROPERTY - NO SPECIFIC ALLEGATION - NO T.I. PARADE - IN CUSTODY FOR MORE THAN 1 YEAR - CHARGE-SHEET SUBMITTED - BAIL GRANTED
Fact of the Case:
The petitioners were arrested in connection with a case registered under sections 307, 323, 379, 387, 436, 427, 504, 147, 148 and 149 of the Indian Penal Code, section 27 of the Arms Act, sections 3 and 4 of Explosive Substance Act and sections 17 and 18 of the CLA Act. The prosecution alleged that the accused persons, who were said to be Maoists, demanded Rs.1.5 lacs and on the same not being met, they set fire to a JCB and destroyed a chimney by carrying out bomb blasts.
Finding of the Court:
The court found that the petitioners were not put on T.I. Parade despite being in custody for more than 1 year and the charge-sheet had been submitted in the case.
Issues: Whether the petitioners should be granted bail.
Ratio Decidendi: The court held that the petitioners were entitled to bail as they had not been put on T.I. Parade despite being in custody for more than 1 year and the charge-sheet had been submitted in the case.
Final Decision: The court directed the petitioners to be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16748 of 2022
Arising Out of PS. Case No.-110 Year-2014 Thana- PANAPUR District- Saran
======================================================
MUKESH PATEL @ VISHAL JI @ VISHAL Son of Surendra Patel @
Surendra Mahto Resident of village - Subaigarh, P.S.- Mahindwara
(Runnisaidpur), District - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 17138 of 2022
Arising Out of PS. Case No.-110 Year-2014 Thana- PANAPUR District- Saran
======================================================
ROHIT SAHNI @ ROHIT JI @ BADLU JI @ BABLU JI @ BABLU
SAHANI @ GAUTAM KUMAR S/o Late Musafir Sahni R/o village-
Thathan Bujurg, P.S.- Hajipur Sadar, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 18069 of 2022
Arising Out of PS. Case No.-110 Year-2014 Thana- PANAPUR District- Saran
======================================================
ANIL SAHNI @ ANIL SAHANI SON OF LATE BAIDHNATH SAHANI
R/O VILLAGE- BADICHAK DIHI, P.S.- MAKER, DISTRICT- SARAN
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 16748 of 2022)
For the Petitioner/s
:
Mr. Sunil Prasad Singh, Advocate
For the Opposite Party/s :
Mr. Syed Ehteshamuddin, APP
(In CRIMINAL MISCELLANEOUS No. 17138 of 2022)
For the Petitioner/s
:
Mr. Sunil Prasad Singh, Advocate
For the Opposite Party/s :
Mr. Syed Mojibur Rahman, APP
(In CRIMINAL MISCELLANEOUS No. 18069 of 2022)
For the Petitioner/s
:
Mr. Sunil Prasad Singh, Advocate
For the Opposite Party/s :
Mr. Yogendra Kumar Singh, APP
Patna High Court CR. MISC. No.16748 of 2022(6) dt.11-01-2023
2/3
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
6
11-01-2023
Heard learned counsel for the parties.
The petitioners have preferred this application for
grant of regular bail in a case registered under sections 307, 323,
379, 387, 436, 427, 504, 147, 148 and 149 of the Indian Penal
Code, section 27 of the Arms Act, sections 3 and 4 of Explosive
Substance Act and sections 17 and 18 of the CLA Act.
As per the prosecution case, demand of Rs.1.5 lacs
was made by the accused persons who are said to be maoists
and on the same not being met, it is stated that the accused
persons put the JCB on fire and destroyed the chimney by
carrying out bomb blasts. They were raising slogans in support
of the organisation.
It is submitted by learned counsel for the petitioners
that the F.I.R was registered against 80-100 unknown. The name
of the petitioners transpired in course of investigation. No
concrete material has transpired in course of investigation nor
any specific allegation has been made against them. The
petitioners have not been put on T.I. Parade nor any
incriminating article recovered from their possession. The
petitioners are in custody since 17.8.2021, 17.9.2021 and
17.8.2021.
Patna High Court CR. MISC. No.16748 of 2022(6) dt.11-01-2023
3/3
Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and
taking into consideration the submissions made, the petitioners
not having been put on T.I. Parade inspite of being in custody
for more than 1 year and charge-sheet having been submitted in
the case, all the three petitioners are directed to be enlarged on
bail in connection with Panapur P.S. Case no. 110 of 2014 on
each of them furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional Chief Judicial Magistrate-
IV, Saran at Chapra.
avinash/-
(Partha Sarthy
