Patna High CourtCR. MISC./77894/2023allowed

Sagar Sah v. The State Of Bihar

2024-01-25Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77894 of 2023 Arising Out of PS. Case No.-178 Year-2023 Thana- JOGBANI District- Araria ====================================================== SAGAR SAH Son of Sanjay Sah Resident of Village - Netaji Chowk, P.S.- Jogbani, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 414 of the Indian Penal Code, 21, 22 of the NDPS Act and Sections 25(1b)a, 26 of Arms Act.

3. As per prosecution case, the accused persons including the petitioner were apprehended by raiding team and from their possessions, narcotic substance and illegal arms were recovered. From possession of this petitioner, one loaded country made pistol was recovered.

4. 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

Patna High Court CR. MISC. No.77894 of 2023(3) dt.25-01-2024 2/2 concern with the alleged recovery of country made pistol or with the co-accused persons. No any narcotic substance is said to have been recovered from possession of this petitioner. It is further submitted that the petitioner is languishing in judicial custody since 11.7.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail after framing of charge, if not framed in connection with Special Case No. 55 of 2023 arising out of Jogbani P.S. Case No. 178 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge -Cum-Special Judge, NDPS Act, Araria.

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