Patna High CourtCR. MISC./60614/2024bail granted

Bhim Sahni v. The State Of Bihar

2024-09-20Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60614 of 2024 Arising Out of PS. Case No.-124 Year-2020 Thana- BHAGWANPUR District- Vaishali ====================================================== Bhim Sahni, Son of Late Ram Janam Sahni, Resident of village -Jehanabad, P.S.- Lalganj, Dist- Vaishali at Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and Mr. Md. Fahimuddin , learned APP for the State.

2. The petitioner in the present case is seeking regular bail in connection with Bhagwanpur P.S. Case No.124 of 2020 (N.D.P.S. Case No.61 of 2020) registered for the offences punishable under Section 414 of the Indian Penal Code, Sections 20, 22, 24 and 27(B) of the N.D.P.S. Act and 25(1-b)a, 26, 35 of the Arms Act. He is in custody since 24.04.2023. The petitioner has got 10 criminal antecedents.

3. As per the prosecution story, on secret information, 4 kgs of Ganja along with cartridge was recovered from one Rahul Sahni and one country made pistol was recovered from one Sunil Kumar Shahni.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.60614 of 2024(2) dt.20-09-2024 2/3 name of the petitioner has transpired in the confessional statement of the co-accused Rahul Sahni and it is Rahul Sahni from whose possession 4 kgs of Ganja along with cartridge was recovered. It is submitted that the said Rahul Sahni has been granted bail by this Court in Cr.Misc. No.2198 of 2021.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Having regard to the submissions that the name of the petitioner has transpired in the confessional statement of the co-accused Rahul Sahni and it is Rahul Sahni from whose possession 4 kgs of Ganja along with cartridge was recovered and said Rahul Sahni has been granted bail by this Court in Cr.Misc. No.2198 of 2021, the petitioner is on bail in nine cases out of the ten cases stated in paragraph '3' of the application, in connection with this case he is in custody since 24.04.2023 and investigation against him is complete, this Court directs release of the petitioner above named on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned A.D.J.-1st-cum-Special Judge, NDPS Act, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No.124 of 2020 (N.D.P.S. Case No.61 of 2020), subject to the conditions as laid

Patna High Court CR. MISC. No.60614 of 2024(2) dt.20-09-2024 3/3 down under Section 437(3) Cr.P.C.

7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

8. This application stands allowed.

(Rajeev Ranjan Prasad, J) arvind/- U T