IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66981 of 2025 Arising Out of PS. Case No.-672 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== Jyotik Sahani @ Jyoti Sahani S/O Rameshwar Sahani R/O Village- Bhatauna, P.S- Karja, Distt.- Muzaffarpur. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Priyesh Kumar, Advocate For the Opposite Party/s : Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. In the present case, the petitioner seeks bail in connection with NDPS Case No. 57 of 2025 arising out of Saraiya P.S. Case No. 672 of 2020 registered for the offences under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act and Sections 20 and 22 of the NDPS Act. 3. As per prosecution case, police received information about a number of miscreants making plan for committing some major offence. Police reached the spot and found 8-9 persons gathered there who started running away on seeing the police party but two of them were apprehended who disclosed the name of the petitioner and other co-accused Patna High Court CR. MISC. No.66981 of 2025(2) dt.24-09-2025 2/3 persons who fled away from the spot. From the apprehended co- accused persons, recovery of a country made katta with live cartridges each apart from 600 gram and 400 gram of opium were made. 4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the person or possession of this petitioner and he was not apprehended from the spot. There is no cogent material to show the complicity of the petitioner with the offence as alleged. Recovery has been shown from other co-accused persons and petitioner has no concern with apprehended co- accused persons. Petitioner was apprehended in connection with Hajipur Sadar P.S. Case No. 560 of 2020 and thereafter remanded in the present case and he is in custody since 07.03.2025 and charge-sheet has been submitted. Petitioner is having antecedent of 2 cases in which he is on bail. 5. Learned A.P.P. opposes the submission made on behalf of the petitioner. 6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the vague and doubtful nature of allegation against the petitioner Patna High Court CR. MISC. No.66981 of 2025(2) dt.24-09-2025 3/3 and also considering the period of custody of the petitioner and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court-II (NDPS), Muzaffarpur/concerned court in connection with Saraiya P.S. Case No. 672 of 2020, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. balmukund/- (Arun Kumar Jha, J) U T