Jai Ram Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42613 of 2014 Arising Out of PS.Case No. -24 Year- 2012 Thana -BHAGHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Jai Ram Sahni, Son of Amirka Sahani @ Ambika Sahni, Resident of Village - Gobarahiya, Malahi Tola, P.S. - Laukaria, Dist.-Wst Champran. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : M/s. R.S. Sahay and Vijay Kr Singh No. 1, Advocates For the State : Mr. Jitendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-06-2016 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has made 3rd attempt for grant of bail in connection with Bhangaha P.S. Case No.24 of 2012 for the offences registered under Sections 20, 22, 23, 24, 27(4) and 29 of the N.D.P.S. Act.
3. Considering the period of custody of the petitioner, this Court called for an up to date status report from the learned court below which has since been received and discloses that out of seven prosecution witnesses only two prosecution witnesses have been produced. Despite summons/warrants having been issued since early 2014 itself, no further witnesses on behalf
Patna High Court Cr.Misc. No.42613 of 2014 (4) dt.22-06-2016 2/2 of the prosecution have been produced. It is reiterated on behalf of the petitioner that as far as petitioner is concerned, only one bag containing 15Kg/16Kg. of Ganja was recovered whereas remaining bags recovered had been thrown away by the fleeing co-accused persons. The petitioner has been languishing in jail since 26.06.2012.
4. Having regard to the entirety of the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned 3rd Additional Sessions Judge, West Champaran, Bettiah, District- West Champaran in connection with Tr. No.02 of 2013 arising out of Bhangaha P.S. Case No.24 of 2012 with the condition that the petitioner shall remain personally present on each and every date and if he fails to do so on three consecutive dates, his bail bond will be liable to be cancelled by the Court concerned.
(Vikash Jain, J) N.H./- U T