Dharmendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22404 of 2025 Arising Out of PS. Case No.-24 Year-2010 Thana- DUMARIAGHAT District- East Champaran ====================================================== Dharmendra Sah Son of Shambhu Sah R/O Village - Rulahi (Bishambhra), P.S.- Majhaulia, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyanka Singh For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-06-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Dumariaghat P.S. Case No. 24 of 2010 dated 05.05.2010 registered for the offences punishable u/ss 414, 467, 468 and 420 of the Indian Penal Code and u/ss 20, 22 and 25 of the N.D.P.S. Act.

3. As per the prosecution case, 185 Kg. ganja was recovered from Tata Sumo vehicle and the driver of the said vehicle was arrested who disclosed the name of the petitioner. It is further alleged that the petitioner and the co-accused persons are indulged in illegal business of ganja.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.22404 of 2025(2) dt.16-06-2025 2/3 that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has surfaced in this case only on the disclosure made by the co-accused. No incriminating material has been recovered from the possession of the petitioner and he was not one of the occupants of the said vehicle. It is further submitted that the petitioner has no concern with the alleged recovery. The said recovery was made from the vehicle which was being driven by the co-accused, Sanjay Tanwar. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.01.2025. The co-accused person has already been granted regular bail by this Court vide order dated 25.08.2023 passed in Cr. Misc. No. 53368 of 2023.

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

6. 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, East Champaran, Motihari in connection with Dumariaghat P.S. Case No. 24 of 2010, with the condition:-

Patna High Court CR. MISC. No.22404 of 2025(2) dt.16-06-2025 3/3 (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, his bail bonds are liable to be cancelled.

7. The application stands allowed.

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