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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57837 of 2022 Arising Out of PS. Case No.-419 Year-2020 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== VIKASH SAHANI @ VIKASH KUMAR SAHANI S/o Lalbabu Sahani R/o village- Raghunathpur, P.S.- Raghunathpur, (Turkauliya), District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pravin Kumar For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 413, 414, 120(B) of the Indian Penal Code, Section 25(1-b)a, 26 and 35 of the Arms Act and Section 8, 20, 21 and 22 of the NDPS Act. Prosecution case relates to recovery of driving license, smart card, pan card, SBI Card, cash of Rs. 4,330/- and 500 gram ganja like substance were recovered from the house of the petitioner. It is further alleged that petitioner along with his other associates has looted a gold smith and and fired upon him resulting into gunshot injury to goldsmith.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Nothing has been recovered from conscious possession of

Patna High Court CR. MISC. No.57837 of 2022(3) dt.10-05-2023 2/2 the petitioner. Allegedly, recovery of 500 gram of ganja comes below the lesser quantity. Petitioner has not been put on TIP. Name of the petitioner transpired in this case at the instance of coaccused Dina Sahani, who has already been enlarged on bail by different co-ordinate Bench of this Court vide order dated 3.8.2022 passed in Cr. Misc. No. 39629 of 2022. Petitioner is languishing in judicial custody since 7.10.2020.

The application for bail is opposed by learned APP for the State and submitted that petitioner is a habitual offender as five cases of similar nature are pending against the petitioner. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 3rd Additional Session Judge, East Champaran, Motihari in connection with NDPS Case No. 09 of 2021 arising out of Muffasil P.S. Case No. 419 of 2020.

(Sunil Kumar Panwar, J) sushma/- U