Pintu Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46927 of 2019 Arising Out of PS. Case No.-659 Year-2018 Thana- KADAMKUAN District- Patna ====================================================== 1.

PINTU SAHANI Son of Late Dhurub Sahani Resident of Railway Hander Road, Rajendra Nagar Gumati, East Lohanipur, P.S.-Kadamkuan, DistrictPatna. 2.

Viky Kumar Sahani Son of Hari Sahani Resident of Railway Hander Road, Rajendra Nagar Gumati, East Lohanipur, P.S.-Kadamkuan, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar Singh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-07-2019 Heard learned counsel for the parties.

Petitioners are apprehending their arrest in connection with Kadamkuan P.S.Case No.659/2018 Special Case No.130/2018 , registered for offences punishable under Sections 20 (B)(1)(A) of N.D.P.S.Act.

Allegation as per the FIR is that during removal of encroachment drive, the police searched the Gumapt and shops under Rajendra Nagar Over-bridge and recovered Ganja from the shops of other accused persons and it is said that the petitioners are also engaged in such type of business. It further appears that all the petitioners have no criminal antecedent.

Patna High Court CR. MISC. No.46927 of 2019(2) dt.30-07-2019 2/2 Submission of the learned counsel for the petitioners is that nothing has been recovered from the shop of the possession of the petitioners and other co-accused persons having similar allegation have been granted privilege of anticipatory bail, vide order dated 15.3.2019 passed in Cr. Misc. No.16540/2019 and order dated 15.4.2019 passed in Cr. Misc. No.24148 of 2019.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the learned court below, be released 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 the learned Sessions Judge cum Special Judge, Patna in connection with Spl. Case No.130/2018 arising out of Kadamkuan P.S.Case no.659/2018 subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

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