Patna High CourtCR. MISC./71444/2022allowed

Guddu Sahani v. The State Of Bihar

2023-03-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71444 of 2022 Arising Out of PS. Case No.-172 Year-2022 Thana- BAHADURPUR District- Patna ====================================================== Guddu Sahani Ss/O Bhondu Sahni @ Faidari Sahani @ Faudari Sahani R/OSandalpur Pochior, P.S.- Bahadurpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Singh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 25(1B)A/26/31 of the Arms Act and Section 20 & 22 of the N.D.P.S. Act.

Prosecution case relate to recovery of one loaded country made pistol along with three live cartridges and also 14 sachets Brown Suger/contraband weighing about 11.840 gram from possession of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery of country made pistol and so

Patna High Court CR. MISC. No.71444 of 2022(2) dt.14-03-2023 2/2 far as Brown Suger is concerned, the same is 11.840 gram which is slight above small quantity but below than commercial quantity as per N.D.P.S. Act. It is further submitted that the petitioner is languishing in judicial custody since 14th June, 2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

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 released on bail in connection with Special N.D.P.S. Case No. 86 of 2022 arising out of Bahadurpur P.S. Case No. 172 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge XXV, Patna.

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