Karee Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32507 of 2020 Arising Out of PS. Case No.-91 Year-2019 Thana- KATIHAR GRP CASE District- Katihar ====================================================== KAREE SAHANI S/o Late Kogni Sahani Resident of Village-Gulab Bag, Ward No.31, P.S.-Sadar, District-Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr. Murlidhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 379, 411, 414, 328, 307, 34 of the Indian Penal Code and sections 20 and 22 of the N.D.P.S. Act. The prosecution case in short is that blade, cash, wrist watch and certain articles are recovered in this case.

Patna High Court CR. MISC. No.32507 of 2020(2) dt.09-12-2020 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.11.2019. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has been made accused due to mistake of fact. A blade, cash, wrist watch and certain articles are recovered in this case. From perusal of the F.I.R., it appears that there is no material to make out a case under the provisions of N.D.P.S. Act. Except for this, there is no other substantive evidence to suggest his implication in the present case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Katihar in connection with Katihar Railway P.S. Case No. 91/2019, Special N.D.P.S. Case No. 14 of 2019, G.R. Case No. 161/2019.

(Sudhir Singh, J) Pankaj/- U T