Dhuri Sahni @ Dhurendra Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24634 of 2025 Arising Out of PS. Case No.-93 Year-2024 Thana- SAHODARA District- West Champaran ====================================================== Dhuri Sahni @ Dhurendra Sahni Son of Shiopujan Sahni @ Shivpuran Paudar @ Late Pujan Sahni Resident of Village - Bairatwa, Police Station - Gaunaha, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramakant Sharma, Sr. Advocate Mr.Rakesh Kumar Sharma, Advocate For the Opposite Party/s :
Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 30-04-2025 Heard learned senior counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Sahodra P.S. Case No. 93 of 2024 registered for the alleged offences under Sections 8/20(b)(ii)(c), 23(c), 25 & 29 of NDPS Act.
3. As per prosecution case, during checking of vehicle, co-accused Pintu Sahni was apprehended who tried to flee away on seeing the police party. From the sack loaded on motorcycle, recovery of 47.800 kg of ganja was made. The apprehended co-accused disclosed the name of the petitioner to whom he had been going to supply the ganja.
4. Learned senior counsel for the petitioner submits
Patna High Court CR. MISC. No.24634 of 2025(2) dt.30-04-2025 2/3 that the petitioner is innocent and has been falsely implicated in this case. The petitioner was not apprehended from the spot and nothing incriminating has been recovered from the person or possession of the petitioner. The name of the petitioner has disclosed in this case in the confessional statement of coaccused Pintu Sahni and except the statement of the co-accused, there is no material against the petitioner. Learned senior counsel further submits that there is no statement even to the effect that the petitioner was any telephonic contact with the coaccused. Thus, learned senior counsel submits that there is no substantive material against the petitioner to connect him with the offence as alleged. The petitioner is having criminal antecedent of two cases and he is on bail in both the cases. The petitioner is in custody since 22.12.2024 and charge sheet has been submitted.
5. Learned APP opposes the submission made on behalf of the petitioner. Learned APP submits that there is disclosure of the co-accused against this petitioner to whom the delivery of contraband was to be made.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that no recovery has been shown from this petitioner and
Patna High Court CR. MISC. No.24634 of 2025(2) dt.30-04-2025 3/3 further considering the absence of material to show the involvement of the petitioner in the offence and also considering the submission of charge sheet and period of custody of the petitioner, the petitioner above named is directed to 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 Exclusive Special Judge (N.D.P.S.), West Champaran, Bettiah/concerned Court in connection with Sahodra P.S. Case No. 93 of 2024, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions : (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) DKS/- U T