Patna High CourtCR. MISC./7586/2026bail granted

Hemchandra Giri v. The State Of Bihar

2026-02-04Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7586 of 2026 Arising Out of PS. Case No.-248 Year-2025 Thana- PIPRAHI District- Sheohar ====================================================== Hemchandra Giri, son of Late Rampukar Giri, R/o Village - Dekuli Dharampur, P.S. - Piprahi, Distt. -Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar, Adv.

For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 04-02-2026 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Piprahi P.S. Case No. 248 of 2025 dated 29.11.2025 registered for the offence punishable under Sections 8, 20(B), II B of the N.D.P.S. Act.

3. Allegation is of recovery of 8.750 kg Ganja like substance from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that nothing has been recovered from the conscious possession of the petitioner. It is further

Patna High Court CR. MISC. No.7586 of 2026(2) dt.04-02-2026 2/3 submitted that there is no independent witness to the seizure list, which is against the provision of Section 15 of the N.D.P.S. Act. It is also submitted that the seized Ganja like substance is less than the commercial quantity. The petitioner is in custody since 30.11.2025, having no criminal antecedents and charge-sheet has been submitted in the case without F.S.L report.

5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Principal Sessions Judge, Sheohar in connection with Piprahi P.S. Case No. 248 of 2025, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.7586 of 2026(2) dt.04-02-2026 3/3

2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

5. The petitioner within two weeks of his release from custody shall appear before the S.H.O. of his local area alongwith a copy of this order and shall appear every fortnightly to mark his attendance till the framing of charge in the trial court.

(Khatim Reza, J) prabhat/- U T