Shivpujan Sahani @ Shivpoojan Sahni v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80287 of 2019 Arising Out of PS. Case No.-43 Year-2019 Thana- SIKTA District- West Champaran ====================================================== SHIVPUJAN SAHANI @ SHIVPOOJAN SAHNI Son of Ganesh Sahani Resident of Village-Mohabbat Chapra, P.S.-Turkaulia, District-East Champaran.

... ... Petitioner/s

Versus

1.

THE UNION OF INDIA 2.

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

For the Petitioner/s :

Mr.Vikram Jeet For the Opposite Party/s :

Mr.Ajay Kumar, APP For the U.O.I :

Mr. Manoj Kumar Singh, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 20, 22, 23, 24, 27(a) of the N.D.P.S. Act.

The prosecution case in short is that 1.4 kg charas has been recovered in this case.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 8.6.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been

Patna High Court CR. MISC. No.80287 of 2019(3) dt.17-03-2020 2/2 implicated in the present case. The recovered bag was given to the petitioner by one Ranjit Kumar. The petitioner had no knowledge regarding the materials kept in the bag. From the bag, 1.4 kg charas is alleged to have been recovered. One k.g. is the commercial quantity. The petitioner has been made accused due to lack of knowledge of the material kept in the bag. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, West Champaran at Bettiah in connection with Sikta P.S. Case No. 43 of 2019 arising out of N.D.P.S. P.S. Case No. 20/2019.

(Sudhir Singh, J) Pankaj/- U T