Rambabu Sahani @ Rambabu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37214 of 2022 Arising Out of PS. Case No.-134 Year-2021 Thana- PIPRAKOTHI District- East Champaran ====================================================== RAMBABU SAHANI @ RAMBABU CHAUDHARY SON OF LATE KAMALDEO SAHANI @ KAMAL SAHANI R/O VILLAGE- DHEKAHA, P.S.- PIPRAKOTHI, DISTT.- 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.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-09-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 25(1-b)(a), 26 and 35 of the Arms Act and sections 8, 20(B)(ii)(c) of the NDPS Act.

As per the prosecution case, 2.600kgs of charas like narcotic substance and a country made pistol along with four live cartridges were recovered from the house of the co-accused person Rahul Sahani.

Patna High Court CR. MISC. No.37214 of 2022(2) dt.28-09-2022 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner rather 2.600kgs charas was recovered from the conscious possession of the co-accused person Rahul Sahani. The other co-accused person has already been granted bail by the Co-ordinate Bench vide order dated 20.07.2022 passed in Cr. Misc. No. 55313 of 2021. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 02.06.2021. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of detention, 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, in connection with Piprakothi P.S. Case No.134 of 2021.

The application stands allowed.

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