Patna High CourtCR. MISC./8633/2024bail rejected

Raju Sahani v. The State Of Bihar

2024-02-20Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8633 of 2024 Arising Out of PS. Case No.-119 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== RAJU SAHANI SON OF DHRUV SAHANI R/O-TIKULIYA, P.S.-PIPRA, DISTT.-EAST CHAMPARAN, MOTIHARI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate Mr. Dhananjay Kumar Gupta, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-02-2024

1. Heard learned counsel for the petitioner and learned APP for the State

2. The petitioner has preferred this application for grant of regular bail in connection with Sugauli P.S Case no.119 of 2023 registered under sections 399, 402 and 414 of the Indian Penal Code, sections 25(1-B)(a), 26 and 35 of the Arms Act and sections 8, 20 (b)(ii)(C) of the NDPS Act.

3. As per the prosecution case, on the police reaching the place of occurrence, it is submitted that the accused persons attempted to escape but the petitioner was caught and on search 1.242 kgs of charas was recovered from his possession.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from his possession.

Patna High Court CR. MISC. No.8633 of 2024(2) dt.20-02-2024 2/2 The cause of his false implication is his antecedents. He is in custody since 31.3.2023 and charge-sheet has been submitted in the case. He undertakes to cooperate in the trial.

5. The application for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the petitioner having been caught at the place of occurrence with 1.242 kgs of charas together with the petitioner having several antecedents also under the NDPS Act, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Shiv/- U T