Patna High CourtCR. MISC./34937/2022bail granted

Rampukar Sahani v. The State Of Bihar

2022-07-06Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34937 of 2022 Arising Out of PS. Case No.-33 Year-2021 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== RAMPUKAR SAHANI S/o Bhukhal Sahani RESIDENT OF VILLAGEJHAKRA BALUA, P.S.- PIPRAKOTHI, DISTRICT- EAST CHAMPARAN. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has renewed his prayer for bail in a case registered under sections 414, 420, 467, 468 and 34 of the Indian Penal Code, sections 25(1-B)(a), 26 and 35 of the Arms Act and sections 20, 23 and 25 of the Narcotic Drugs and Psychotropic Substances Act.

The allegation as per the prosecution case is of recovery of 1.6 kg of charas from possession of two accused persons and recovery of a loaded country made pistol with a live cartridge from possession of the petitioner.

It is submitted by learned counsel for the petitioner that the earlier prayer for bail of the petitioner was rejected vide

Patna High Court CR. MISC. No.34937 of 2022(2) dt.06-07-2022 2/2 order dated 20.12.2021 passed in Cr. Misc. no. 30813 of 2021 giving liberty to the petitioner to renew his prayer for bail after six months. It is submitted that more than six months has been passed since the earlier order of rejection. The petitioner is in custody since 18.1.2021 and has no criminal antecedent. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the liberty granted to the petitioner vide aforesaid order of rejection dated 20.12.2021, the petitioner having remained in custody for more than 1 year 5 months and not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with N.D.P.S Case no. 8 of 2021 (arising out of Mufassil P.S. Case no. 33 of 2021) 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/Special Judge, Motihari, East Champaran.

(Partha Sarthy, J) Prakash/- U