Harish Chandra Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21334 of 2015 Arising Out of PS.Case No. -13 Year- 2015 Thana -NARDIGANJ District- NAWADA ======================================================

1. Harish Chandra Chauhan Son of Late Ram Nandan Chauhan resident of village - Karna Banadari, Police Station - Nardiganj, District - Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.22920 of 2015 Arising Out of PS.Case No. -13 Year- 2015 Thana -NARDIGANJ District- NAWADA ======================================================

1. Sanjay Chauhan S/o Late Budhan Chauhan Resident of village- Karna Beldari, P.S.- Nardiganj, District- Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.21334 of 2015) For the Petitioner/s : Mr. Harish Kumar For the Opposite Party/s : Mr. Chandra Bhushan Prasad(App) (In Cr.Misc. No.22920 of 2015) For the Petitioner/s : Mr. Sheo Kumar Prasad For the Opposite Party/s : Mr. Surendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-07-2015 As these cases arise out of Nardiganj P.S.Case No. 13/2015, they have been heard together and are being disposed of by this common order.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are in custody in a case registered under

Patna High Court Cr.Misc. No.21334 of 2015 (2) dt.14-07-2015 2/2 Sections 20, 22,24 of N.D.P.S.Act.

The prosecution case in, brief, is that on the date and time when the informant reached the alleged place 20( 10/10) Kg. of Ganja Plants were recovered and accordingly seized. The accused persons did not produce any valid paper of plantation. It has been submitted on behalf of the petitioners that the petitioners are in custody since 8.2.2015 and 9.2.2015 respectively. Further it has been submitted that as per prosecution case Ganja plants have been recovered from the land of the petitioners. The petitioners have brought the report of Circle Officer, which indicates that the land from which Ganja Plants are said to have been recovered do not belong to the petitioners. On behalf of the State, it has been submitted that the petitioners are named in the FIR.

Considering the facts aforesaid, let above named petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, Nawada in Special Case No. 3/2015 arising out of Nardiganj P.S.Case No. 13/2015.

(Sudhir Singh, J) singh/- U T