Patna High CourtCR. MISC./62249/2017bail granted

Mohan Sah v. The State Of Bihar

2018-01-10Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62249 of 2017 Arising Out of PS.Case No. -204 Year- 2016 Thana -RAMGARH District- BHABHUA (KAIMUR) ======================================================

1. Mohan Sah S/o Late Ram Janam Sah, R/o Village- Devhaliya, P.S.- Ramgarh, District- Kaimur (Bhabua).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumar Sunil, Advocate For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-01-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Ramgarh P.S. Case No.204 of 2016, a case under Sections 8/20 (b)(ii)(B)/27(A) of the N.D.P.S. Act.

4.2 Kgs of Ganja was allegedly recovered from the possession of the petitioner. The petitioner is in custody since 20.09.2016.

Earlier prayer for bail was refused on 13.02.2017 in Cr. Misc. No.52701 of 2016 with liberty to the petitioner that if the trial is not concluded within nine months from the date of custody of the petitioner, they may renew the prayer for bail before the trial Court itself. The impugned order reveals that the

Patna High Court Cr.Misc. No.62249 of 2017 (2) dt.10-01-2018 P2/ case is pending for prosecution evidence after framing of the charge on 24.11.2017. However, no prosecution witness has been examined.

Considering the aforesaid fact, 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 the learned Court-below where the case is pending in connection with Ramgarh P.S. Case No.204 of 2016, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T