Baleshwar SahniversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3682 of 2026
                   Arising Out of PS. Case No.-318 Year-2021 Thana- MOTIHARI MUFASIL District- East
                                                        Champaran
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                 Baleshwar Sahni son of Late Rama Sahani Resident of Village- Akauna, P.S.-
                 Chiraiya, District-East Champaran.
                                                                             ... ... Petitioner
                                                    Versus
                 The State of Bihar
                                                                      ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dhurendra Kumar, Advocate
                                                  Mr.Sumit Kumar, Advocate
                                                  Mr.Sudhanshu Kumar, Advocate
                 For the Opposite Party/s :       Mr.Md. Fahimuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   12-02-2026                   Heard learned counsel appearing on behalf of the

                   petitioner and learned A.P.P. for the State.

                                2. The accused/petitioner seeks bail in connection

                   with Motihari Muffasil P.S. Case No. 318 of 2021 registered

                   for the offences under Sections 412, 413, 414, 467, 468,

                   120(B) of the Indian Penal Code and Section 25(1-b)a, 26,

                   35 of the Arms Act.

                                3. The accused/petitioner is named in the First

                   Information Report and is in custody since 19.09.2025.

                                4. As per FIR, upon secret information, as some

                   persons were assembled to plan some crime, police raided the

                   spot and apprehended number of accused persons, who found

                   in possession of country made pistol and some live cartridges.
Patna High Court CR. MISC. No.3682 of 2026(2) dt.12-02-2026
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                      5. It is submitted by learned counsel appearing on

          behalf of the petitioner that name of the petitioner transpired

          on the basis of disclosure made by apprehended co-accused

          persons namely, Hariom Sahani, in furtherance of which no

          incriminating material appears recovered from possession of

          this petitioner as he was not apprehended on the spot. It is

          pointed out that Hariom Sahani has already been granted bail

          by one of the learned coordinate Bench of this Court vide

          order dated 25.05.2022 passed in Cr. Misc. No. 71419 of

          2021. It is also submitted that one of the reasons behind false

          implication is the suspicion arising out of criminal antecedents

          of the petitioner as he found involved in total eleven (11)

          cases, where he is on bail in all the cases.

                      6. While concluding argument, it is submitted that

          investigation of this case is already concluded, for which

          charge-sheet has been submitted and as such, there is no

          chance of tampering with the evidence.

                      7. Learned A.P.P. for the State has opposed the

          prayer for bail of the petitioner.

                      8. In view of aforesaid factual submission and by
           Patna High Court CR. MISC. No.3682 of 2026(2) dt.12-02-2026
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                     taking note of the fact as admittedly no fire-arm appears to be

                     recovered from conscious physical possession of this

                     petitioner, where implication appears merely on the basis of

                     suspicion arising out of disclosure made by apprehended co-

                     accused, coupled with the fact that investigation of this case is

                     already concluded, where petitioner remains in custody since

                     19.09.2025, accordingly, above-named petitioner is directed

                     to be released on bail, furnishing bail bond of Rs. 10,000/-

                     (Rupees Ten Thousand only) with two sureties of the like

                     amount each to the satisfaction of learned Chief Judicial

                     Magistrate, East Champaran, Motihari/concerned court, in

                     connection with Motihari Muffasil P.S. Case No. 318 of 2021,

                     subject to the condition as laid down under Section 437(3)

                     Cr.P.C/Section 480(3) of the Bhartiya Nagarik Suraksha

                     Sanhita (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T