INDAL SAHANI v. The State of Bihar
Case at a glance
Outcome
Bail granted
Let the petitioner be released on bail on furnishing
Provisions considered
- Indian Penal Code, 1860 ss. 414, 420
- Narcotic Drugs and Psychotropic Substances Act, 1985 ss. 8, 20(B)(ii)(B)
Judgment
====================================================== Appearance : : For the Petitioner/s For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY Mr. Lokesh Kumar Singh, Advocate Mr. Pramod Kumar Pandey, APP ORAL ORDER 2 26-04-2023 Heard learned counsel for the petitioner and learned APP for the State. The petitioner is an accused in connection with Tr. No. 11 of 2020 (Thawe P.S. Case No. 88 of 2020) registered for the offences under sections 414 and 420 of the Indian Penal Code and sections 8, 20(B)(ii) (B) of the N.D.P.S. Act lodged on
05.06.2020 by the informant, Vishal Anand. As per the prosecution case, 11 Kg. of Ganja was seized from a motorcycle, which was parked in front of the house of the petitioner and this petitioner was apprehended on the spot. Accordingly, the FIR. Patna High Court CR. MISC. No.72948 of 2022(2) dt.26-04-2023 It has been submitted by the learned counsel for the petitioner that his name has come in the confessional statement of Dilip Sahni who was apprehended by the police and nothing was recovered/seized from him. It is his further submission that the said Dilip Sahni has already been granted relief by a co- ordinate Bench of this Court vide Cr. Misc. No. 1098 of 2021. It is his further submission that without accepting the allegation and/or outcome of the present case, he would like to contribute Rs. 10,000/- to the Patna High Court Legal Services Committee. Learned APP for the State, on the other hand, opposes the prayer for bail but concedes that the person, Dilip Sahni from whom recovery was made is the main culprit, has been released on bail.
Operative part
Considering the fact that the Dilip Sahni has been released on bail, as stated above, his name has come in the confessional statement, it is not the case that anything has been recovered from him, is in custody since 25.07.2022 and do not have criminal antecedent, this Court is inclined to extend him privilege of bail subject to payment of Rs. 10,000/- to the Patna High Court Legal Services Committee and receipt thereof to be submitted before the concerned Court. It is further made clear that if it comes that he has Patna High Court CR. MISC. No.72948 of 2022(2) dt.26-04-2023 criminal antecedent and a false statement has been made in paragraph-3, the bail order shall become infructuous. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of the learned A.D.J.-I cum Spl. Judge N.D.P.S., Gopalganj in connection with Tr.
No. 11 of 2020 (Thave P.S. Case No. 88 of 2020), subject to the following conditions-: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide; (ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself; (iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds; (iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. Patna High Court CR. MISC. No.72948 of 2022(2) dt.26-04-2023 With the aforesaid observations, the bail application is allowed. Jagdish/Neha/- U T (Rajiv Roy, J)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Let the petitioner be released on bail on furnishing
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 414, 420; Narcotic Drugs and Psychotropic Substances Act, 1985 — ss. 8, 20(B)(ii)(B).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.