Ratan Sahani And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53297 of 2018 Arising Out of PS.Case No. -110 Year- 2018 Thana -MUSAHARI District- MUZAFFARPUR ======================================================

1. Ratan Sahani, S/o Sonelal Sahani,

2. Sonelal Sahani, S/o Ram Fal Sahani, Both R/o Vill.- Bedauliya, P.S.- Mushahari, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-10-2018 Heard the parties.

The petitioners seek regular bail in connection with Mushahari P.S.case No.110 of 2018 registered for offences punishable under Sections 8/20(b),(ii)(b) of NDPS Act. of the Indian Penal Code.

Allegation against the petitioners is about recovery of 01 kg. and 90 gram of Ganja from the possession of the petitioner. Submission of the learned counsel for the petitioners is that he has been falsely implicated in this case even though the FIR shows that it is less than the commercial quantity. The petitioner is in custody for about five months. He has no criminal antecedent. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.53297 of 2018 (3) dt.09-10-2018 2/2 circumstances, as stated above, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of Sessions Judge -cum-Spl. Judge, Muzaffarpur in connection with Mushahari P.S.Case No.110 of 2018.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the disposal of trial and make themselves available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T