Amarjeet Sahni @ Anarjeet Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13185 of 2021 Arising Out of PS. Case No.-713 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== AMARJEET SAHNI @ ANARJEET SAHNI Son of Shri Lalbabu Sahni Resident of Village- Lorika, P.S.- Singhwara, District- Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashank Shekhar, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 22-07-2021 In view of sudden resurgence of COVID-19 infection there is limited functioning of the High Court and therefore the matter has been listed for consideration through virtual mode. Heard learned Counsel for the petitioner and the learned APP for the State.

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

Petitioner seeks bail in Ahiyapur PS Case No. 713 of 2020, registered under Sections 412, 414 of the Indian Penal Code and Sections 20, 22 of NDPS Act.

The police have alleged that five miscreants have started fleeing. Two have been apprehended including the

Patna High Court CR. MISC. No.13185 of 2021(2) dt.22-07-2021 2/3 petitioner from him there is alleged recovery of Rs. 50,000/-, one motorcycle and smart phone.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. Even as per the FIR recovery of 1kg Ganja is from co-accused Chintu Kumar and from the house of Sunil Mahto. There is no recovery of any contraband substance from the petitioner. Falsity of the allegations is apparent from the fact that the petitioner had in fact purchased a Mahindra Bolero bearing Registration No. BR07GB-3303. In support of this submission documents of vehicle have been placed on record in the bail application. The other vehicle which has been seized belongs to Md. Sakil. Therefore, no case is made out against petitioner. Petitioner is on bail in Ahiyapur P.S. Case No. 692 of 2020. In the instant case he is in custody since 01.09.2020. Learned APP has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge V-cum-Special Judge, NDPS, Muzaffarpur, in Ahiyapur PS Case No. 713 of 2020, subject to the following conditions:-

Patna High Court CR. MISC. No.13185 of 2021(2) dt.22-07-2021 3/3 (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) rakhi/- U T