Patna High CourtCR. MISC./87068/2024bail granted

Lalan Sahani v. The State Of Bihar

2025-02-17Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87068 of 2024 Arising Out of PS. Case No.-19 Year-2024 Thana- PALANWA District- East Champaran ====================================================== Lalan Sahani S/o- Seth Sahani Resident of Haswa Police Station- Pakhariya, Dist- Parsa Nepal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjana Srivastava, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-02-2025 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 Palanwa (Bhelahi) P.S. Case No. 19 of 2024 dated 07.02.2024 registered for the offences punishable u/ss 8, 17(a), 18(b) and 23 of the N.D.P.S. Act.

3. As per the prosecution case, total 966 gms. Opium was recovered from the possession of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner is not named in the F.I.R. The name of

Patna High Court CR. MISC. No.87068 of 2024(2) dt.17-02-2025 2/2 the petitioner has sprung up in the confessional statement of the co-accused. Nothing has been recovered from the conscious possession of the petitioner. The seized contraband which was recovered from the possession of the petitioner, is less than the commercial quantity. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 07.02.2024 as stated in para 4 of the bail petitioner.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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, Motihari in connection with Palanwa P.S. Case No. 19 of 2024, G.R. Case No. 07 of 2024.

7. The application stands allowed.

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