Indal Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83657 of 2019 Arising Out of PS. Case No.-186 Year-2019 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Indal Sahani Son of Ramji Viyash Sahni Resident of Village - Keshopatti, P.S.- Muffasil, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Narayan Mahto For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 379, 411, 272, 273/34 of the Indian Penal Code and Sections 25(1-b)A/26/35 of Arms Act and Sections 20/22 of N.D.P.S. Act.

Allegation is that during course of vehicle checking, search was made and from one maruti van four miscreants including the petitioner was apprehended by the police and from the possession of the petitioner, one mobile and Rs.600/- was seized and from possession of other accused persons, arms and ammunitions and drugs were recovered.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.83657 of 2019(2) dt.17-12-2019 2/2 the petitioner is in custody since 18.05.2019. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is alleged to be the driver of the vehicle in question. From one of the co-accused sitting in the car, ativan tablets along with one loaded pistol and two live cartridges are said to have been recovered. So far the petitioner is concerned, there is no recovery of any such narcotics or arms from the possession of the petitioner. There is no compliance of Section 100 of Cr.P.C. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let 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-cum-Special Judge, Darbhanga in connection with Sadar (Mabbi O.P.) P.S. case No.186 of 2019 corresponding to G.O. case No.8 of 2019.

Narendra/- (Sudhir Singh, J) U T