Sikandar Kumar Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50152 of 2025 Arising Out of PS. Case No.-8 Year-2025 Thana- MANPUR District- West Champaran ====================================================== Sikandar Kumar Sahani S/o Shivpujan Faudar @ Shiopujan Sahani R/o VillBairatwa, P.S.- Gaunaha, Distt- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramakant Sharma, Sr. Adv.
Mr. Rabindra Kumar, Adv.
For the Opposite Party/s :
Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-08-2025 Heard Mr. Ramakant Sharma, learned Senior Counsel duly assisted by Mr. Rabindra Kumar for the petitioner and the State.
2. The petitioner is in custody in connection with Manpur P.S. Case No. 08 of 2025 for the offence punishable under sections 317(4), 317(5) of BNS and Sections 8/20(B)(ii) (B)/22(b)/23(b) of NDPS.
3. As per the prosecution story, the informant alleged that upon secret information about movement of a person, after informing the Superior, proceeded to the place. A motorcycle was coming from the Nepal side, it was intercepted and from him, there is recovery/seizure of 11.9 kg 'ganja' which led to the FIR.
Patna High Court CR. MISC. No.50152 of 2025(2) dt.11-08-2025 2/3
4. Learned Senior counsel for the petitioner submits that only because of criminal antecedent, he has been implicated for which he is in custody since 21.01.2025, in any case, the recovery/seizure is below the commercial quantity.
5. Learned APP on the other hand opposes the prayer for bail submitting that he has criminal antecedent.
6. Considering the submissions of the parties as also his period of custody coupled with the fact that the recovery/seizure is below the commercial quantity, in that background, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Exclusive Special Judge (NDPS), West Champaran, Bettiah in connection with Manpur P.S. Case No. 08 of 2025 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive
Patna High Court CR. MISC. No.50152 of 2025(2) dt.11-08-2025 3/3 dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for one year to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Vijay Singh/- U T