Umesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83878 of 2025 Arising Out of PS. Case No.-278 Year-2021 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Umesh Sahani Son of Yogendra Sahani Resident of Village- Baluva tola Murarpur, PS.-Harsidhi, District- East Champaran Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Prasad, Advocate For the Opposite Party/s :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-12-2025 Heard learned counsel for the petitioner and Ms. Sangeeta Sharma, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 414, 420, 467, 468, 471 & 120(B) of the Indian Penal Code, under Sections 25(1-b)a, 26 and 35 of the Arms Act and under Sections 8 and 20(b)(ii)(c) of the NDPS Act.

3. The case of the prosecution is that the petitioner and others are working with the agnates of Rahul Sahani.

4. Learned counsel for the petitioner has submitted that some recoveries have been made from the possession of other accused persons but nothing has been recovered from the possession of this petitioner. Learned counsel has further submitted that the name of this petitioner has surfaced only on the basis of confessional statement of one overseer. It has also

Patna High Court CR. MISC. No.83878 of 2025(2) dt.11-12-2025 2/2 been submitted by the learned counsel for the petitioner that similarly situated co-accused have been granted bail by the learned Co-ordinate Bench vide Cr. Misc Nos. 51915 of 2021 and 50072 of 2021. Learned counsel for the petitioner has submitted that the case of this petitioner stands on better footing. Learned counsel has lastly submitted that the petitioner is in judicial custody since 03.03.2025.

5. Learned APP for the State has vehemently opposed the application for bail and has submitted that the petitioner is having criminal antecedent of five cases.

6. 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 Motihari Muffasil P.S. Case No. 278 of 2021 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, NDPS Court No.-II, Motihari, East Champaran. (Ashok Kumar Pandey, J) durgesh/- U T