Kamal Kishore Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20936 of 2015 Arising Out of PS.Case No. -86 Year- 2015 Thana -BAGHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== KAMAL KISHORE SAH SON OF JAMUNA SAH, RESIDENT OF VILLAGE/MOHALLAH - MUHURA, KADAMAHIYA TOLA, P.S.- BAGAHA, DISTRICT - WEST CHAMPARAN AT BETTIAH (BIHAR). .... .... Petitioner/s

Versus

THE STATE OF BIHAR.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s : Mr. Binod Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 18-06-2015 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Bagaha P.S. Case No. 86 of 2015 registered for offence under section 273 of the Indian Penal Code, Section 47 of the Excise Act and Section 20 of the NDPS Act. The Police recovered 250 Gm. Ganja, 400 Gm.

Bhang and 50 pouches country made liquor of 200 ml. from the possession of the petitioner.

The counsel for the petitioner submits that the petitioner is in custody since 21st March 2015. Looking to the facts and circumstances of the case,

Patna High Court Cr.Misc. No.20936 of 2015 (2) dt.18-06-2015 2/2 let the petitioner, above named, be released on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, West Champaran at Bettiah in Bagaha P.S. Case No. 86 of 2015 , subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds.

(Shivaji Pandey, J) Mahesh/- U T