Dina Sahani @ Dina Nath Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39629 of 2022 Arising Out of PS. Case No.-419 Year-2020 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== DINA SAHANI @ DINA NATH SAHANI Son of Bipat Sahani Resident of Village - Jhakhiya, P.s.- Banjariya, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prateek Tandon, Adv.

For the Opposite Party/s :

Mr. Syed Ehteshamuddin, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-08-2022 Heard learned counsel for the parties.

The petitioner has renewed his prayer for bail in a case registered under sections 413, 414 and 120B of the Indian Penal Code, sections 25(1-B)(a), 26 and 35 of the Arms Act and sections 8, 20, 21 and 22 of the NDPS Act.

As per the prosecution case, a loaded country made pistol, a separate live cartridge and 500 grams of ganja are stated to have been recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 16.12.2021 (Annexure-1) passed in Cr. Misc. no. 29290 of 2021 giving liberty to the petitioner to renew his

Patna High Court CR. MISC. No.39629 of 2022(2) dt.03-08-2022 2/2 prayer for bail after six months. The petitioner has remained in custody since 11.9.2020 and it has been more than six months since the last order of rejection on 16.12.2021. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation, liberty granted to the petitioner in the earlier order of rejection dated 16.12.2021 together with more than six months having passed since then, the Court directs the petitioner to be enlarged on bail in connection with N.D.P.S. Case no. 37 of 2020 arising out of Mufassil P.S. Case no.419 of 2020 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 3rd Additional District and Session Judge, District East Champaran. (Partha Sarthy, J) Bibhash/- U