Suresh Sah Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2024)

Suresh Sah Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2024)

What the court decided

AI extract

Outcome

Conditional bail granted: petitioner Suresh Sah to be released on bail after framing of the charge in connection with Sitamarhi P.S. Case No.826 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Sessions Judge-cum-Special Judge, Sitamarhi; trial court to conclude framing of charge within 15 days; if the charge-sheet has not been submitted, petitioner to be released on furnishing a bail bond subject to physical presence before the Trial Court on each date till conclusion of the framing-of-charge proceeding.

Issue for consideration

Whether the petitioner, booked for offences under Sections 399, 402 and 414 of the Indian Penal Code, Sections 25(1-b) A, 26 and 35 of the Arms Act and Sections 8/20 (b)(ii)(C)/22 of the NDPS Act in Sitamarhi P.S. Case No.826 of 2023, should be released on bail.

Court's answer

The petitioner was directed to be released on bail after framing of the charge in connection with Sitamarhi P.S. Case No.826 of 2023, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Sessions Judge-cum-Special Judge, Sitamarhi.

Ratio / Principle

The trial court was directed to conclude the proceeding of framing of charge according to law within 15 (fifteen) days from the date of receipt of a copy of the order.

Key takeaways

It was made clear that if the charge-sheet had not been submitted, the petitioner would be released on bail on furnishing a bail bond, with the further condition that he present himself physically before the Trial Court on each and every date till conclusion of the proceeding of framing of charge.ratio¶21

Detailed headnote1 paragraphs

Criminal Miscellaneous No.25470 of 2024 (High Court of Judicature at Patna; Ramesh Chand Malviya, J.; order dated 10-04-2024) — Bail. Petitioner Suresh Sah sought bail arising out of Sitamarhi P.S. Case No.826 of 2023 registered for offences under Sections 399, 402 and 414 of the Indian Penal Code, Sections 25(1-b) A, 26 and 35 of the Arms Act and Sections 8/20 (b)(ii)(C)/22 of the NDPS Act. Prosecution alleged recovery of a loaded country-made pistol, live cartridges, 500 grams of a charas-like substance and a mobile phone with SIM from the petitioner's possession. Petitioner claimed false implication, absence of conscious possession, clean antecedents, custody since 03.11.2023, and parity with co-accused granted bail in Cr. Misc. Nos. 11483 of 2024 and 12494 of 2024; the APP opposed. The Court directed release on bail after framing of the charge on bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, Sitamarhi; the trial court was directed to conclude framing of charge within 15 days, and if the charge-sheet had not been submitted, the petitioner was to be released on furnishing a bail bond subject to physical presence before the Trial Court on each date till conclusion of the framing-of-charge proceeding.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25470 of 2024

Arising Out of PS. Case No.-826 Year-2023 Thana- SITAMARHI District- Sitamarhi

======================================================

Suresh Sah (Male), aged about 47 years, S/O Kishun Dev Sah R/O Vill - Ghorasahan, P.S. - Ghorasahan, Dist. - Sitamarhi

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Bharat Lal, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

3 10-04-2024

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence under Sections 399, 402 and 414 of the Indian Penal Code , Sections 25(1-b) A, 26 and 35 of the Arms Act and Sections 8/20 (b)(ii)(C)/22 of the NDPS Act.

As per the prosecution case, it is a case of recovery of loaded country made pistol, live cartridges, 500 grams charas like substance, mobile with SIM from the possession of the petitioner

Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case due to non-fulfilment of illegal demand of the informant. He next sub-

Patna High Court CR. MISC. No.25470 of 2024(3) dt.10-04-2024 2/3

mits that there is no recovery of arms and chars from the conscious possession of the petitioner. Petitioner has got clean antecedent as stated in para-3 of the petition and he is in custody since 03.11.2023. He next submits that similarly situated co-accused persons have also been granted bail by this Court passed in Cr. Misc. Nos. 11483 of 2024 and 12494 of 2024.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, be directed to be released on bail after framing of the charge in connection with Sitamarhi P.S. Case No.826 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cumSpecial Judge, Sitamarhi.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every

Patna High Court CR. MISC. No.25470 of 2024(3) dt.10-04-2024 3/3

date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J)

Brajesh Kumar/- U T