Sonal Kumar @ Sonelal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22810 of 2021 Arising Out of PS. Case No.-396 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== SONAL KUMAR @ SONELAL SAH S/o Late Nandlal Sah R/o VillageIsmailpur, P.S.- Hajipur Sadar, District- Vaishali at Hazipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar, Advocate For the Opposite Party/s :

Mr.Akhileshwar Dayal, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-02-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioners and learned A.P.P. for the State. Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioners, who are in custody since 12.07.2020, seeks regular bail in connection with Hajipur Sadar P.S. Case No. 396 of 2020, for the offence punishable under Section 8, 20(b)(A)/25 of the N.D.P.S. Act.

The prosecution case, in brief, is that 500 grms of Charas has been recovered from the possession of the petitioner. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. He further submits that the petitioner has been implicated in this case just because petitioner has criminal

Patna High Court CR. MISC. No.22810 of 2021(5) dt.17-02-2022 2/3 antecedent in four other cases.

Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the aforementioned facts and circumstances of the case, the Court below is directed to obtain criminal antecedent report of the petitioner from the concerned Superintendent of Police and if it is found that no other criminal case is pending against the petitioner, as what has been stated in paragraph No.3 of the present bail application filed on behalf of the petitioner, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 1,00,000/- (Rs. One Lakh) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge-I, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 396 of 2020, subject to the condition that the petitioner will make his attendance before the S.H.O. of the concerned Police Station on every Saturday of the week at 9.00 A.

M and the S.H.

Patna High Court CR. MISC. No.22810 of 2021(5) dt.17-02-2022 3/3

(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.

(3) If the petitioner tamper 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.

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

(Purnendu Singh, J) manish/- U T