Vipin Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26462 of 2021 Arising Out of PS. Case No.-290 Year-2020 Thana- KARJA District- Muzaffarpur ====================================================== Vipin Sahani S/O Bhuneshwar Sahni R/O Village Makdumpur, Kodariya P.S. Karja, District-Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Nitu Kumari For the Opposite Party/s :

Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Karja P.S. Case No. 290 of 2020, registered for the offence punishable under Sections 414, 34 of the Indian Penal Code and sections 25(1-b)a, 26 and 35 of the Arms Act and sections 20/22 of the NDPS Act. As per the prosecution case, 300 gms. of Charas has been recovered from possession of this petitioner. It is submitted on behalf of the petitioner that nothing has been recovered from conscious possession of this petitioner. The recovered Charas is less than commercial quantity, as such rigorous of Section 37 of the NDPS Act, would not be attracted.

Patna High Court CR. MISC. No.26462 of 2021(2) dt.30-07-2021 2/2 Mandatory provision of search and seizure has not been followed and petitioner is in custody since 27.09.2020. There is no allegation of tampering with the evidence against the petitioner.

Counsel for the State however vehemently opposed the prayer for bail.

Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. However, once charge is framed and trial commences, the petitioner shall be released on bail by the learned trial court on its own satisfaction and on the condition that petitioner will cooperate in disposal of trial and appear before the court, as and when required.

(Prabhat Kumar Singh, J) vinita/- U T