Sanjay Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58800 of 2022 Arising Out of PS. Case No.-14 Year-2022 Thana- MUSAHARI District- Muzaffarpur ====================================================== Sanjay Sahani Son Of Satan Sahani R/O Village- Manika Bishunpur Chand, Tole Bedauliya, P.S.- Mushahari, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Anand For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Mushahari P.S. Case No. 14 of 2022 registered under sections 399, 402 and 414 of the Indian Penal Code and Sections 25(1-b)a/26/35 of the Arms Act and Section 20/22 of the NDPS Act.

As per prosecution case, the police upon secret information reached the place and saw eight persons trying to escape. There were apprehended and it is alleged that upon search from the petitioner, the country made pistol with two live cartridges were recovered and the recovery of one kg charas like intoxicated substance and country made pistol

Patna High Court CR. MISC. No.58800 of 2022(3) dt.02-03-2023 2/3 from other co-accused person.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. There is no recovery of contraband charas like substance from the possession of the petitioner rather the same has been recovered from other coaccused persons and they have already been granted bail by the different co-ordinate Bench of this Court which are annexed as Annexure-2 series of this petition. The petitioner has no concern with the alleged contraband charas. He is languishing in judicial custody since 21.01.2022. The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Mushahari P.S. Case No. 14 of 2022 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 Additional District and Sessions Judge-I-cum-

Patna High Court CR. MISC. No.58800 of 2022(3) dt.02-03-2023 3/3 Special Judge, N.D.P.S. Act, Muzaffarpur.

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