Ram Lal Sahani @ Ram Lal Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73270 of 2024 Arising Out of PS. Case No.-854 Year-2024 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Ram Lal Sahani @ Ram Lal Sahni Son of Jalim Sahani @ Jalim Sahni Resident of Village and P.O.- Vijay Chapra, P.S.- Ahiyapur, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-11-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Ahiyapur P.S. Case No. 854 of 2024 dated 26.06.2024 registered for the offences punishable u/ss 8 (c), 21(b) of the NDPS Act.

3. As per the prosecution case, total 6.25 grams smack like substance was recovered from the bedroom kept beneath the pillow of the co-accused, Shivshankar Mahto and total 31.26 grams smack like substance was recovered from the possession of the petitioner and the other co-accused persons.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The seized contraband is less than commercial quantity. The petitioner has one criminal case of similar nature as stated in para

Patna High Court CR. MISC. No.73270 of 2024(3) dt.29-11-2024 2/2 3 of the bail petition. The petitioner is in custody since 27.06.2024. Similarly situated co-accused has already been granted regular bail by this court vide order dated 13.11.2024 passed in Cr. Misc No. 76885 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner who had no valid authorization for keeping the said contraband.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Muzaffarpur in connection with Ahiyapur P.S. Case No. 854 of 2024, with the following conditions- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T