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Patna High CourtCR. MISC./10767/2020bail granted

Subodh Sahani v. The State Of Bihar

2020-02-28Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10767 of 2020 Arising Out of PS. Case No.-209 Year-2019 Thana- MUZFFARPUR GRP CASE DistrictMuzaffarpur ====================================================== Subodh Sahani, Male, Aged about 31 years, S/o Paritran Sahni, Resident of Village- Hari Nagar, P.S.- Mahindwara, Distt- Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Ram Shankar Das For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-02-2020 Heard both sides.

The petitioner seeks bail in Muzaffarpur Rail P.S. Case No.209 of 2019, registered under Sections 8/17(b)/18(b) of the N.D.P.S. Act.

The informant, a police official, during the course of search on platform arrested one person, namely, Sanjay Sah and from his possession 1.5 kg. of opium and other articles were recovered. Sanjay Sah disclosed the name of the petitioner and Rajaram Thakur.

Learned counsel for the petitioner submits that the petitioner was not apprehended at the spot. Nothing has been recovered from possession of the petitioner. Save and except the fact that the name of the petitioner surfaced in the case in the

Patna High Court CR. MISC. No.10767 of 2020(2) dt.28-02-2020 2/2 confessional statement of Sanjay Sah, there is no material against the petitioner. Petitioner is in jail since 26.10.2019. Considering the facts that save and except the confessional statement of the co-accused, no narcotic drugs and psychotropic substance was recovered from possession of the petitioner, petitioner is in jail for more than four months, petitioner, namely, Subodh Sahani is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, Muzaffarpur in connection with Muzaffarpur Rail P.S. Case No.209 of 2019. (Prabhat Kumar Jha, J) S.KUMAR/- U T