Om Prakash Chautala @ Sipahi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28652 of 2023 Arising Out of PS. Case No.-98 Year-2021 Thana- AURAI District- Muzaffarpur ====================================================== OM PRAKASH CHAUTALA @ SIPAHI S/O HARENDRA SAHNI R/O Vilage- Dharopatti P.S- Aurai, Distt.- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashank Shekhar, Advocate For the Opposite Party/s :
Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-05-2023 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with N.D.P.S Case No. 09 of 2023 arising out of Aurai P.S. Case No. 98 of 2021 for the offence under Sections 399, 402 of the Indian Penal Code and Section 20, 22 of the NDPS Act and Section 25(1-b)A, 26 of the Arms Act.
Learned counsel for the petitioner submits that the petitioner has got four criminal antecedents and he is in custody since 11.10.2022.
Prosecution story in brief is that the informant received secret informant that some anti-social elements had assembled in the orchard of Ram Pramod Pandey and they were planning to commit crime and they are also smuggling ganja. On pursuance of secret information, informant along with police
Patna High Court CR. MISC. No.28652 of 2023(2) dt.24-05-2023 2/3 party reached there and on seeing the police party accused persons started to flee away and one of the accused was apprehended by the police who gave his name Raja Kumar (petitioner). On being searched, total 5.20 kg. ganja and one loaded country made pistol were recovered from the possession of petitioner.
There is recovery of alleged ganja and one loaded country made pistol from the possession of the petitioner. Considering the period of custody, the petitioner, named above, is directed to be released on bail after framing of charge on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-1st, Muzaffarpur in connection with N.D.P.S Case No. 09 of 2023 arising out of Aurai P.S. Case No. 98 of 2021. Trial Court is directed to expedite the following cases:- (A) Aurai P.S. Case No. 191 of 2020 U/S 399, 402 of the Indian Penal Code 25(1-b)a/26 of the Arms Act & section 20/22/25/29 of the NDPS Act (B) Ahiyapur P.S. Case No. 259 of 2022 under Section 401 of The IPC & section 25(1-b)a/26/35 of the Arms Act &
Patna High Court CR. MISC. No.28652 of 2023(2) dt.24-05-2023 3/3 section 8(c)/21(b) of the NDPS Act.
(C) Ahiyapur PS case no 692/2020 u/s 395 of the IPC (D) Ahiyapur PS case no 753/2020 u/s 20/22 of NDPS Act & section 25(1-b)a/26/35 of the Arms Act. (Sandeep Kumar, J) Harsh/ U T