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Patna High CourtCR. MISC./34642/2022bail granted

Mantu Sahni v. The State Of Bihar

2023-02-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34642 of 2022 Arising Out of PS. Case No.-97 Year-2022 Thana- BHELDI District- Saran ====================================================== MANTU SAHNI S/o Om Prakash Sahni R/o village- Mahuli, P.S.- Bheldi, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratnakar Pandey For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 8/20(B)(ii)(C)/29 of NDPS Act.

Prosecution case relates to recovery of 135.700 kg. Ganja from a vehicle bearing registration no. BR04Q5873 and co-accused Babloo Bhaghat (driver) and Ramesh Singh were apprehended on spot. It is further alleged on mobile of apprehended accused Babloo Bhagat, petitioner's call was coming and on this basis name of the petitioner is dragged in the present case.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case because of

Patna High Court CR. MISC. No.34642 of 2022(3) dt.13-02-2023 2/2 his incoming call on the mobile of apprehended accused. Petitioner has no concern with the alleged recovery or with the vehicle in question. Neither he was arrested on spot nor any recovery has been made from his conscious possession. Petitioner is languishing in judicial custody since 20.03.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, Saran at Chapra in connection with Bheldi P.S. Case No. 97 of 2022. (Sunil Kumar Panwar, J) sushma/- U