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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59831 of 2021 Arising Out of PS. Case No.-123 Year-2019 Thana- DARPA District- East Champaran ====================================================== RANJIT SAHANI @ RANJIT KUMAR SAHANI Son of Nanhak Sahani Resident of Village - Tinkoni, P.S.- Darpa, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioner is apprehending his arrest in a case registered under Sections 399, 402, 412/34 of the Indian Penal Code, 25(1-b)a, 26, 35 of the Arms Act and 8/20(b)(ii)(b) of N.D.P.S. Act. The prosecution allegation, in short, is that loaded country made pistols and live cartridges along with 500 grams of charas are recovered from the accused persons.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Loaded country made

Patna High Court CR. MISC. No.59831 of 2021(2) dt.22-12-2021 2/2 pistols and live cartridges along with 500 grams of charas are recovered. Arms are said to have been recovered from the possession of the co-accused. 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. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Sessions Judge, East Champaran at Motihari, in connection with Darpa P.S. Case No. 123 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T