Hiralal Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38439 of 2020 Arising Out of PS. Case No.-255 Year-2019 Thana- BAUNSI District- Banka ====================================================== Hiralal Sahani Son Of Late Srichand Sahani Resident Of Village- Kurshaila, P.S.- Kurshaila District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Adv For the Opposite Party/s :

Ms. Nirmala Kumari,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-03-2021 Heard the parties.

Petitioner seeks bail in a case registered for the offences punishable under Sections 20/22/23 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

According to FIR, from a public bus, two bags were suspected which were near the seat of the petitioner and coaccused. On search of one of the bags, 20 Kg of Ganja was recovered and from another bag, 10.610 Kg of Ganja was recovered.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent. He was simply a passenger in the bus having no connection with the recovered Ganja. No other article was recovered from the said bag to establish the identity of the bag with the petitioner. Petitioner is

Patna High Court CR. MISC. No.38439 of 2020(3) dt.10-03-2021 2/2 in custody since 13.10.2019.

Considering the aforesaid infirmities in not establishing the recovered seized bags as bag of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Bounsi Police Station Case No.255 of 2019 bearing Special Case No.13 of 2019 with following conditions:

(a) Both the bailors shall be resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Nitesh/- U T