Ranjeet Kumar Sahni @ Ranjit Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48019 of 2022 Arising Out of PS. Case No.-170 Year-2022 Thana- BOCHAHAN District- Muzaffarpur ====================================================== RANJEET KUMAR SAHNI @ RANJIT SAHANI Son of Baidhnath Sahani R/O Village - Mukundpur, P.S.- Mushari, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

Counsel for the petitioner is permitted to make necessary correction at paragraph-1 to the main application in course of the day.

Learned counsel for the petitioner is directed to remove the defect(s) as pointed out by the office within a period of four weeks.

The petitioner seeks bail in a case registered under Sections-399, 402 of the Indian Penal Code and Sections-25(ib)A, 26, 35 of the Arms Act. Prosecution case in short is that three live cartridges, 500 gm. of Ganja is said to have been recovered. It has been submitted that there is no allegation of

Patna High Court CR. MISC. No.48019 of 2022(2) dt.21-12-2022 2/2 tampering of witnesses alleged against the petitioner. The petitioner is in custody since 22-04-2022. Charge sheet has already been submitted in this case. Three live cartridges, 500 gm. of Ganja is said to have been recovered. There is no compliance of Section 100 of the Cr.P.C. in respect of recovery of live cartridges and further there is no compliance of Section 42 & 50 of the N.D.P.S. Act in respect of recovery of 500 gm. of Ganja. The recovered contraband is below the commercial quantity. Hence Section 37 of the N.D.P.S. Act is not applicable in the present case.

On behalf of the State, it is submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above, 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 Ist Additional Sessions Judge, Muzaffarpur in connection with Bochahan P.S. Case No. 170 of 2022.

(Sudhir Singh, J) A.K.V.//- U T