Vikram Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8013 of 2021 Arising Out of PS. Case No.-273 Year-2020 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== VIKRAM SAHNI aged about 27 years SON OF ASARFI SAHNI resident of village - Kolhu Paigambarpur P.S- Ahiyapur Distt- Muzaffarpur ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar @ S.K., Advocate For the Opposite Party/s :
Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-04-2021 This matter is taken up for consideration through Video Conferencing.
Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 399 and other ancillary sections of the Indian Penal Code, sections 8/20/22 of the NDPS Acat and under sections 25, 26/35 of the Arms Act.
As per the prosecution case, on secret information about gathering of criminals for committing serious offence and to sale narcotic products, police conducted raid and arrested four criminals, including this petitioner.
Patna High Court CR. MISC. No.8013 of 2021(2) dt.17-04-2021 2/3 From perusal of F.I.R. and seizure list, it is evident that arms and drugs were recovered from possession of coaccused Satan Sahni. No incriminating article has been recovered from the possession of this petitioner. In the impugned order, the reference of recovery of arms from the possession of this petitioner is an error of record. Considering the facts and circumstances of the case and the fact that No incriminating material has been recovered from the conscious possession of the petitioner and petitioner has got clean antecedent, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge VIII, Muzaffarpur in NDPS case no. 37 of 2020/ Kanti Police Station Case No. 273 of 2020 on the following conditions:-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.8013 of 2021(2) dt.17-04-2021 3/3
(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Prabhat Kumar Singh, J) Shashi U T