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Patna High CourtCR. MISC./8564/2019bail granted

Chunchun Sahni v. The State Of Bihar

2019-03-11Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8564 of 2019 Arising Out of PS. Case No.-117 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Sheohar * ====================================================== CHUNCHUN SAHNI, aged about 22 years, (M) Son of Mahesh Sahni Resident of Village-Belawa, Narkatiya, P.S.- Piprahi, District- Sheohar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-03-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Case No. C2-117 of 2018 registered for the offence punishable under Sections 20 (B) of the N.D.P.S. Act and under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Informant who is a police officer has stated in his written complaint that on receipt of secret information he along with other police personnel raided the house of petitioner and recovered 50 gram Ganja, 300 ml Nepali wine and 16 plants of Ganja from the joint house of the petitioner. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case only on

Patna High Court CR. MISC. No.8564 of 2019(2) dt.11-03-2019 2/3 suspicion. Nothing has been recovered from his possession. The alleged recovery was made from the joint house of the petitioner where he lived with his other family member. Petitioner has got no criminal antecedent and is in custody since 22.12.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Ist Additional Sessions Judge-cum-Special Judge, Sheohar, in connection with Case No. C2-117 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

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

Patna High Court CR. MISC. No.8564 of 2019(2) dt.11-03-2019 3/3

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) manoj/- U T