Sohail Khan @ Bhutto Khan @ Bhuttu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51190 of 2025 Arising Out of PS. Case No.-72 Year-2025 Thana- Sahayak Khajanchi District- Purnia ====================================================== 1.
Sohail Khan @ Bhutto Khan @ Bhuttu son of Gyas Khan Resident Of Village -Nageshwar Bagh Khuskinagh Police Station -Sadar District -Purnea 2.
Dilip Ravidas Son of Late Sakhichandra Ravidas village- Simalgachhi, PsSadar (M), Ranipatra, Dist- Purnea ... ... Petitioner/s
Versus
The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajit Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-09-2025 Heard learned counsel for the petitioners and learned A.P.P for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Sahayak Khajanchi P.S. Case No. 72/2025 dated 02.03.2025 registered for the offence punishable u/ss 313, 317(4) read with Section 3(5) of B.N.S. and Section 8(c), 21(b) and 25 of the N.D.P.S. Act.
3. As per the prosecution case, during vehicle checking, on suspicion, at Rool Gola Pul stopped a white colour Scorpio vehicle without number plate in which four persons were sitting. When they were asked about their identity then they disclosed their name as Dilip Ravidas (petitioner) sitting on
Patna High Court CR. MISC. No.51190 of 2025(3) dt.03-09-2025 2/3 driver seat, Sohail Khan @ Bhuttu sitting on front seat, Raju Mukhiya and Sonu Paswan both were sitting at the back seat of the vehicle. On search, one Realme mobile phone was recovered from the possession of the petitioner, Dilip Ravidas. One Realme mobile phone and 5 gms. smack were recovered from the possession of the petitioner, Sohail Khan @ Bhuttu. Two mobile phone of Oppo Company and 5 gms of smack were also recovered from the possession of the co-accused, Raju Mukhiya.
4. Learned counsel for the petitioners have submitted that the petitioners are innocent and have falsely been implicated in this case. The name of the petitioners has sprung up in this case on mere suspicion. The seized contraband is less than the commercial quantity. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the alleged recovery. The co-accused person has already been granted regular bail by this court vide order dated 22.07.2025 passed in Cr. Misc. No. 42941/2025. The petitioners no. 1 has four criminal antecedents in which he is on bail and the petitioner no. 2 has no criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 02.03.2025.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.51190 of 2025(3) dt.03-09-2025 3/3 opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand)each with two sureties of the like amount each to the satisfaction of learned Court concerned, Purnea in connection with Special (NDPS) Case No. 132/2025 arising out of Sahayak Khajanchi P.S. Case No. 72/2025, with a condition:- (i) The petitioners are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioners are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T