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Patna High CourtCR. MISC./41977/2024bail granted

Budhan Sahani v. The State Of Bihar

2024-10-08Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41977 of 2024 Arising Out of PS. Case No.-76 Year-2024 Thana- PIPRAKOTHI District- East Champaran ====================================================== Budhan Sahani Son of Ashdeo Sahani Resident of Village - Hathiyahi, P.S.- Piprakothi, District - East Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 42775 of 2024 Arising Out of PS. Case No.-76 Year-2024 Thana- PIPRAKOTHI District- East Champaran ====================================================== Santosh Sahani @ Santosh Kumar S/o Shanker Sahani R/o vill - Tikuliya, P.S. - Pipra, Distt. - East Champaran, Motihari ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 41977 of 2024) For the Petitioner/s :

Mr. Aniket Singh, Advocate For the Opposite Party/s :

Mr. Atul Chandra, APP (In CRIMINAL MISCELLANEOUS No. 42775 of 2024) For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s :

Mr. Arvind Kumar Pandey (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-10-2024 Heard learned counsel for the petitioners as well as learned APP for the State.

2. In this case, the petitioners are seeking regular bail in connection with Piprakothi P.S. Case No. 76 of 2024, N.D.P.S. G.R. Case No. 29 of 2024 registered for the offences punishable under Sections 25(1-AA), 26 and 35 of the Arms Act and Section 22(b) and 29 of the N.D.P.S. Act.

3. As per prosecution case, one live cartridge was recovered from the possession of petitioner, namely, Budhan Sahani

Patna High Court CR. MISC. No.41977 of 2024(4) dt.08-10-2024 2/2 and so far as petitioner, namely Santosh Sahani @ Santosh Kumar is concerned, one country made pistol, one live cartridge and 10 tablets of Olanzapine were recovered from his possession.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The petitioners namely Budhan Sahani and Santosh Sahani are under custody since 01.04.2024 and 02.04.2024.

5. Learned APP for the State has opposed the prayer for bail.AC

6. Considering the above-mentioned facts and circumstances, the petitioners, above-named be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Special Judge, East Champaran at Motihari in connection with Piprakothi P.S. Case No. 76 of 2024, N.D.P.S. G.R. Case No. 29 of 2024, subject to the condition that the petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court. (Nawneet Kumar Pandey, J) priyanka/- U T