Patna High CourtCR. MISC./49233/2016bail granted

Hari Sah v. The State Of Bihar

2016-12-13Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49233 of 2016 Arising Out of PS.Case No. -3 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictWES TCHAMPARAN (BETTIAH) ====================================================== Hari Sah, s/o late Khelawan Sah, resident of village- Jamuniya, P.S.- Jagdishpur (Nautan), District- West Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjeev Kumar, Advocate. Mr. Uday Pratap Singh, Advocate.

For the State : Mr. Anuj Kumar Srivastava, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 14.09.2016 in connection with O.C. Case No. 3 of 2016 for the alleged offence under Section 20(b) of Narcotic Drugs & Psychotropic Substances Act.

3. It is submitted that the petitioner has been falsely implicated being an aged person of 72 years suffering from various ailments and the allegations are quite improbable. In any event the quantity of Ganja is said to have been recovered from him was only 25 gm. which was far below the limit of small quantity and for which he has already suffered custody for three months.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned Sessions Judge, West Champaran at Bettiah, in connection with O.C. Case No. 3 of 2016 on the following

Patna High Court Cr.Misc. No.49233 of 2016 (2) dt.13-12-2016 2/2 conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii)That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) S.Ali/B.T.

U T