Suresh Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45275 of 2025 Arising Out of PS. Case No.-43 Year-2024 Thana- CHAKIA District- East Champaran ====================================================== Suresh Sahani S/o Babulal Sahani R/o Village- Bara Baishaha, P.S.Chakiya, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramakant Sharma, Senior Advocate Mr. Mayank, Advocate For the Opposite Party/s :
Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-09-2025 Heard Mr. Ramakant Sharma, learned senior counsel for the petitioner, and the learned APP for the State.
2. The petitioner seeks regular bail in connection with T.R. No. 03 of 2025 arising out of Chakiya P.S. Case No. 43 of 2024, lodged on 10.02.2024, under Sections 467, 468 & 34 of the Indian Penal Code, under Sections 8, 20(B) (ii) C, 23 and 25 of the NDPS Act and under Sections 30(a), 30(d), 34(b), 41(1) & 41(2) of the Bihar Prohibition and Excise (Amendment) Act.
3. Learned counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected by this Hon'ble Court vide order dated 28.08.2024 passed in Cr. Misc.
Patna High Court CR. MISC. No.45275 of 2025(3) dt.12-09-2025 2/3 No. 42980 of 2024 with liberty granted to the petitioner that he may renew his prayer for bail 3 months after framing of charge.
4. Counsel further submits that in the rejection order, this Hon'ble Court has pleased to acknowledge that the contraband without wrapper is 853 gram and it is less than the commercial quantity but above than smaller quantity. He further submits that the petitioner is in custody since 11.02.2024. Counsel further submits that the charge has been framed on 20.03.2025 Counsel also submits that a report regarding the present stage of the trial has been called for.
5. Learned APP for the State opposes the prayer for bail and submits that on the previous occasion, a report was called for, and from the said report, it transpires that out of 07 witnesses, 01 witnesses has been examined, and charge has also been framed.
6. In light of the submissions made above, it transpires to this Court that no purpose would be served by keeping the petitioner in custody, accordingly, let the petitioner above named, be granted bail, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) as mentioned in Section 2(1) (d) of the BNSS, 2023 to the satisfaction of Special Judge, Excise Court No. 3, East Champaran, Motihari, in connection
Patna High Court CR. MISC. No.45275 of 2025(3) dt.12-09-2025 3/3 with T.R. No. 03 of 2025 arising out of Chakiya P.S. Case No. 43 of 2024, subject to the following conditions as laid down under Section 480(3) of the BNSS.
(Dr. Anshuman, J.) Aman Kumar/- U T