Sonu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24766 of 2020 Arising Out of PS. Case No.-78 Year-2020 Thana- SAKRA District- Muzaffarpur ====================================================== Sonu Sah (Aged about 25 Years, Gender- Male), Son of Raghubir Sah, Resident of Village- Donwa, P.S.- Sakra, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sakra P.S.Case No.78 of 2020, registered under section 120B of the Indian Penal Code and section 20(A), and 27(B) of the NDPS Act,1985.

As per allegation made in the F.I.R., on a raid being conducted, it is stated that a total quantity of 429 Kgs of ganja was recovered from the shop and house of the co-accused Arun Sah. It is further alleged that the said Arun Sah was taken into custody who disclosed that he was involved in dealing of ganja along with his brother Santosh Kumar and the petitioner herein. It is submitted by the learned counsel for the

Patna High Court CR. MISC. No.24766 of 2020(5) dt.29-01-2021 2/3 petitioner that except for the statement of co-accused Arun Sah made before police, there is no material against him either in the FIR or in the case diary. It is also submitted that no incriminating article has been recovered from person or possession of the petitioner. He has been falsely implicated in one earlier case wherein he is on bail.

The application for bail is opposed by the learned APP for the State.

A report was called for with respect to the antecedent of the petitioner from the Senior Superintendent of Police, Muzaffarpur. As per contents of the letter no.1540 dated 05.11.2020, besides the instant Sakra P.S.Case No.78 of 2020, the petitioner is not accused in any other case. Having heard learned counsel for the parties and taking into consideration, the submissions made on behalf of the petitioner, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of six weeks from today and in the event of his arrest or surrender in connection with Sakra P.S.Case No.78 of 2020, he will be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-

Patna High Court CR. MISC. No.24766 of 2020(5) dt.29-01-2021 3/3 Special Judge, Muzaffarpur, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. (Partha Sarthy, J) B.Kr./- U T