Siyaram Sah v. The State Of Bihar

Patna High Court Cr.Misc. No.3297 of 2017 (2) dt.20-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3297 of 2017 Arising Out of PS.Case No. -412 Year- 2016 Thana -SITAMARHI District- SITAMARHI ====================================================== Siyaram Sah, son of Shambhu Sah, Resident of Village- Goat Bazar (Nuniya Tola), Ward No.6, P.S.- Sitamarhi, District- Sitamarhi. .... .... Petitioner

Versus

The State of Bihar.

... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Sri Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Sitamarhi P.S. Case No. 412 of 2016 registered for the offences punishable under Sections 20(B) II 6 of N.D.P.S. Act.

Allegedly, 1.3 kilogram Ganja like substance was recovered from a bag and 2 persons Siya Ram Sah and Rahul Kumar were apprehended and they disclosed the name of persons who have succeeded in fleeing away as Shambhu Sah and Chinta Devi.

Submission is of false implication and that nothing has been recovered from conscious possession of the petitioner, the petitioner has been made victim of circumstances, two persons have been arrested including the petitioner and both are brothers

Patna High Court Cr.Misc. No.3297 of 2017 (2) dt.20-02-2017 and only 1.3 kilogram Ganja has been recovered and as such the petitioner who is suffering in custody since 27.06.2016 deserves sympathetic consideration to which the learned APP submits that considering the period of detention now lenient view can be taken. In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, N.D.P.S. Act, Sitamarhi in connection with Sitamarhi P.S. Case No. 412 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T