Ram Bahadur Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23876 of 2023 Arising Out of PS. Case No.-218 Year-2022 Thana- CHAKIA District- East Champaran ====================================================== Ram Bahadur Sahani S/O Late Punit Sahani Resident Of Village- Makadi Tola, P.S.- Sahebganj, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jyotsna Rani Mishra, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Chakia P.S. Case No. 218 of 2022 dated 30.05.2022 registered for the offences punishable under Sections 20, 22 and 24 of the N.D.P.S Act and Sections 25(1-B)a, 26 and 35 of the Arms Act.

As per the prosecution case, the petitioner along with co-accused persons assembled to commit robbery. On information, the informant raided the place and apprehended the

Patna High Court CR. MISC. No.23876 of 2023(2) dt.23-05-2023 2/3 petitioner with other co-accused persons and recovered 926 grams of charas, one loaded pistol and valuable ornaments. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The seized charas is not commercial quantity. The recovery was made from the possession of the co-accused Pankaj Kumar. The other co-accused person has already been granted bail by the Co-ordinate Bench vide order dated 18.05.2023 passed in Cr. Misc. No. 21715 of 2023. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 31.05.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned,Motihari, East Champaran in connection with Chakia P.S. Case No. 218 of 2022, with the condition:-

1. The petitioner is directed to remain physically

Patna High Court CR. MISC. No.23876 of 2023(2) dt.23-05-2023 3/3 present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T