Patna High CourtCR. MISC./25189/2017bail granted

Gopi Kumar Sahni v. The State Of Bihar

2017-06-21Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25189 of 2017 Arising Out of PS.Case No. -133 Year- 2016 Thana -MOTIPUR District- MUZAFFARPUR ====================================================== Gopi Kumar Sahni, s/o Late Diplal Sahni, R/o Vill.- Bhurkurwa, P.S.- Rajepur, Dist- East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Sri Krishna Deo Raj Mr. Anish Kumar For the Opposite Party/s : Mr. Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 21-06-2017 Heard Sri Krishna Deo Raj, learned counsel , assisted by Sri Anish Kumar, learned counsel for the petitioner and learned Additional Public Prosecutor.

This is second attempt for grant of bail on behalf of the sole petitioner , who is in custody since the month of May, 2016 in Motipur P.S. Case No. 133 of 2016 registered for the offence under Section 399, 402, 414, 120(B) of the Indian Penal Code , 25 (1-B)a/ 26 (II), 35 of the Arms Act and Section 20/22 of the Narcotic Drugs And Psychotropic Substances Act, 1985. Earlier, prayer for bail was rejected only with an observation "for the present". Learned counsel for the petitioner submits that petitioner has remained in custody for sufficient time and in the case nothing was recovered from conscious

Patna High Court Cr.Misc. No.25189 of 2017 (2) dt.21-06-2017 2/2 possession of the petitioner.

Considering the facts and circumstances particularly observation of this court dated 19.12.2016 passed in Cr. Misc. No. 45931 of 2016 , let the petitioner Gopi Kumar Sahni be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned 8th Additional Sessions Judge , Muzaffarpur / concerned court in connection with Motipur P.S. Case No. 133 of 2016 with condition that one of the bailors must be blood relation of the petitioner and secondly during trial petitioner shall remain physically present on each and every date . If continuously on two dates petitioner remains absent without prior permission of the trial court, his bail bond shall stand automatically cancelled.

(Rakesh Kumar, J) Praful/- U T