Ram Babu Sahani @ Rambabu Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33795 of 2020 Arising Out of PS. Case No.-159 Year-2020 Thana- BHAGWANPUR District- Vaishali ====================================================== 1.

Ram Babu Sahani @ Rambabu Sahni son of Bishwnath Sahani @ Vishwanath Sahni Resident of Village-Raghunathpur Imadpur, P.S.- Bhagwanpur, District- Vaishali.

2.

Sonu Kumar @ Sonu Sahani son of Shivjee Sahani Resident of VillageRaghunathpur Imadpur, P.S.- Bhagwanpur, District-Vaishali. ... ... Petitioners.

Versus

1.

THE STATE OF BIHAR.

2.

C.B. Shukla, S.I., P.S.- Bhagwanpur, District- Vaishali. ... ... Opposite Parties.

====================================================== Appearance :

For the Petitioners :

Mr. Dharmendra Kumar Paswan, Advocate.

For the State :

Ms. Sucheta Yadav, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-12-2020 In view of the submission and undertaking of the learned counsel for the petitioners, at the time of hearing of this application, through Video Conferencing, that he would remove the defect(s), as pointed out by the office vide its notes dated 09.12.2020, within two weeks of starting of the Court proceeding in physical mode, he is permitted to remove the same accordingly.

Heard learned counsel for the petitioners and the learned A.P.P. for the State, through Video Conferencing. The petitioners seek bail in connection with Bhagwanpur P.S. Case No.159 of 2020 registered under Section

Patna High Court CR. MISC. No.33795 of 2020(2) dt.22-12-2020 2/3 414 of the Indian Penal Code besides Sections 20, 22, 23, 24, 27, 27(A) and 29 of the N.D.P.S. Act.

The accusation is that on receiving the secret information about carrying the Ganja by both the petitioners, Rahul Kumar alias Manjhiya and Mithilesh Sahani loading in a Swift Dezire Car towards village, the informant along with other police personnel started the checking of the vehicles at the gate of the Police Station, then a blue colour Swift Dezire Car was seen coming. On giving the signal to stop the same, the driver of the vehicle started to flee away turning the vehicle but, in course of chase, the tyre of the vehicle burst, due to that reason, the said vehicle fallen in ditch and four persons from the said vehicle started to flee away. While they were chased but they succeeded to flee away. On search, from the dicky of the said vehicle, 2.3 kilograms Ganja was recovered.

Learned counsel appearing on behalf of the petitioners submits that the petitioners are not connected with the said Swift Dezire Car in any manner and, on mere suspicion, they have falsely been implicated in this case. The petitioners are in custody since 26.07.2020.

Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be

Patna High Court CR. MISC. No.33795 of 2020(2) dt.22-12-2020 3/3 released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Sessions Judge, Vaishali at Hajipur, in connection with Bhagwanpur P.S. Case No.159 of 2020. (Rajendra Kumar Mishra, J) P.S./- U T