Anirudh Sahani @ Anarudh Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40066 of 2023 Arising Out of PS. Case No.-1041 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== ANIRUDH SAHANI @ ANARUDH SAHANI son of Gobind Sahani Village- Bairatwa Ps- Gaunaha Dist- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Kishor Mishra For the Opposite Party/s :
Mr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-08-2023
1. Heard learned counsel for the petitioner and learned A.P.P. for the State, Mr. Rabindra Kumar.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 414 of the Indian Penal Code and Sections 8, 20(B)(ii)( C ), 22, 23, 24, 25, 26, 27 of the N.D.P.S. Act.
3. The informant alleges that Puran Sahani was apprehended while rest accused fled and from the car, 31.938 kg of ganja was recovered and the apprehended accused disclosed the name of the petitioner and other accused who fled.
4. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent.
5. Learned counsel for the petitioner submits that the petitioner was not present at the place of occurrence and came
Patna High Court CR. MISC. No.40066 of 2023(2) dt.02-08-2023 2/3 to be falsely implicated in the present case based on confessional statement of Puran in police custody which does not have any evidentiary value. It is next submitted that even the car from which the alleged narcotics was recovered belongs to Puran Sahani. It is further submitted that the petitioner will not abscond, rather, will cooperate in the investigation and will present himself as and when required by the Investigating Officer for eliciting the truth and proving his innocence.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 50,000/- (Rupees Fifty Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Shikarpur P.S. Case No. 1041 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
8. One of the bailor of the petitioner shall be his father Gobind Sahani.
Patna High Court CR. MISC. No.40066 of 2023(2) dt.02-08-2023 3/3
9. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that the petitioner despite giving assurance to this Court is not cooperating in the investigation or is not producing himself when called, the learned Trial Court would be at liberty to cancel the bail bonds of the petitioner after recording reasons.
10.
Let a copy of this order be sent to the concerned P.S. through the learned Trial Court. 11.
Further, it is made clear that in the event if the charge sheet is submitted connecting the petitioner with the offence, in that event the present anticipatory bail order shall loose its effect.
(Satyavrat Verma, J) HarshPandey/- U T