CR. MISC./36479/2021 of BHOLA SAHANI Vs THE STATE OF BIHAR on 24 December 2021

24-12-2021

IN THE HIGH COURT OF JUDICATURE AT PATNACRIMINAL MISCELLANEOUS No.36479 of 2021

Arising Out of PS. Case No.-419 Year-2020 Thana- MOTIHARI MUFASIL District- EastChamparan ======================================================BHOLA SAHANI Son of Dhrub Sahani Resident of Village - Jhakhiya, P.S. -Banjariya, District - East Champaran.

... ... Petitioner/sVersus

THE STATE OF BIHAR

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHYORAL ORDER

Heard learned counsel for the parties through videoconferencing.

The petitioner has preferred this application for grantof regular bail in a case registered under sections 413, 414 and120B of the Indian Penal Code, sections 25(1-B)(a), 26 and 35of the Arms Act and sections 8, 20, 21 and 22 of the N.D.P.SAct.

As per the prosecution case, two accused personsnamely Dina Sahni and Amir Sahni were caught andincriminating articles like live cartridges and ganja wererecovered from their possession. It is further stated that accusedDina Sahni took the name of other accused persons includingthe petitioner herein as their being involved in the trade of Prakash/- U

ganja, charas etc.

It is submitted by learned counsel for the petitionerthat the petitioner has been falsely implicated in the case. Theonly material against him is the statement of the co-accusedmade before police. No incriminating article has been recoveredfrom his possession or his house. The petitioner is in custodysince 22.2.2020 and charge sheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties andtaking into consideration the facts of the case together with thepetitioner having remained in custody for 10 months and chargesheet having been submitted in the case, the Court directs thepetitioner to be enlarged on bail in connection with MufassilP.S. Case no. 419 of 2020 on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amounteach to the satisfaction of the learned 3[rd] Additional SessionsJudge, East Champaran, Motihari.

(Partha Sarthy, J)