Shambhu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54309 of 2023 Arising Out of PS. Case No.-34 Year-2023 Thana- SAHODARA District- West Champaran ====================================================== Shambhu Sahani Son Of Late Harinarayan Sahani R/O-Anjua, P.S.-shikarpur, Distt.-west Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union Of India Through The Inspector General, S.S.B., Frontier Head Quarter At Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Dashrath Mehta For the Union of India :

Shail Kumari (C.G.C.) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 8/20(b)(ii) (B), 8/20(b)(ii)(C) of N.D.P.S. Act and Section 414 of IPC.

3. It is a case of recovery of 5 kg of Ganza like substance from a motorcycle bearing Reg. No. BR-22J2274. The petitioner is alleged to have apprehended on

Patna High Court CR. MISC. No.54309 of 2023(4) dt.08-11-2023 2/3 spot.

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Nothing incriminating has been recovered from the conscious possession of the petitioner. He has no concern either with the recovered N.D.P.S. substance or with other coaccused persons. The recovered Ganza is lesser than smaller quantity as per N.D.P.S. Act. Moreover, the petitioner is languishing in judicial custody since 12.03.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on

Patna High Court CR. MISC. No.54309 of 2023(4) dt.08-11-2023 3/3 bail, after framing of charge, if not framed, in connection with Sahodara P.S. Case No. 34 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-the Special Judge, under N.D.P.S. Act, West Champaran, Bettiah.

(Sunil Kumar Panwar, J) Nirajkrs/- U T