Kanhaiya Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29389 of 2025 Arising Out of PS. Case No.-11 Year-2025 Thana- DARPA District- East Champaran ====================================================== Kanhaiya Sah S/o- Late Ramchandra Sah R/O Vill.- Belahiya, P.s.- Darpa, Dist.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prateek Tandon, Adv.
For the Opposite Party/s :
Mr.Narsingh Tanti, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Darpa P.S. Case No. 11 of 2025 N.D.P.S., G.R. Case No. 10/2025 dated 14.01.2025 registered for the offences punishable u/ss 8, 20 (B)ii(C), 23 and 25 of Narcotic Drugs and Psychotropic Substance Act.
3. As per the prosecution case, total 2.156 Kg. ganja was recovered from the house of the petitioner.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Learned counsel has further submitted that the petitioner has no concern with the alleged recovery rather the
Patna High Court CR. MISC. No.29389 of 2025(2) dt.12-05-2025 2/3 recovery has been made from the joint house of the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The seized contraband is less than commercial quantity. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.01.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the seized contraband is recovered from the conscious possession of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Motihari in connection with Darpa P.S. Case No. 11 of 2025 NDPS, G.R. Case No. 10/2025, with the condition/s:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates
Patna High Court CR. MISC. No.29389 of 2025(2) dt.12-05-2025 3/3 without reasonable cause, the prosecution will be at liberty to move for cancellation of his bail bond.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T