Munna Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57039 of 2021 Arising Out of PS. Case No.-131 Year-2021 Thana- KANTI District- Muzaffarpur ====================================================== MUNNA SAHANI SON OF RAM AUTAR SAHANI R/O VILLAGEKANTI KOTHIYA WARD NO.13, P.S.- KANTI, DISTRICTMUZAFFARPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-01-2022 Heard the learned counsel appearing for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with NDPS Case No. 16 of 2021 arising out of Kanti P.S. Case No. 131 of 2021 for the offence punishable under Sections 399, 400 and 402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

The allegation is regarding six miscreants having been nabbed by the police including the petitioner herein and as far as the petitioner is concerned, one loaded country made pistol with one live cartridge was recovered, however, no narcotic substance is stated to have been recovered from the petitioner, which, in fact, has been recovered from the co-accused person, namely, Kailash Sahni.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the

Patna High Court CR. MISC. No.57039 of 2021(2) dt.31-01-2022 2/2 present case, is having a clean antecedent and he is languishing in custody since 22.01.2021. It is further submitted that the petitioner has already been suitably punished on account of the period of custody already undergone by the petitioner. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the petitioner is having a clean antecedent and is languishing in custody since about 11 months, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Muzaffarpur in connection with N.D.P.S. Case No. 16 of 2021 arising out of Kanti P.S. Case No. 131 of 2021.

(Mohit Kumar Shah, J) S.Sb/- U T