Gullu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6943 of 2021 Arising Out of PS. Case No.-139 Year-2020 Thana- CHAND District- Kaimur (Bhabua) ====================================================== GULLU SAH S/o Munnaka Sah R/o Village- Shivrampur, P.S.- Chand, DisttKaimur at Bhabua. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan, Adv.

For the Opposite Party/s :

Mr. Md. Nazir Ansari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 16-04-2021 The defect(s) as pointed out by the Office be removed by the learned counsel for the petitioner within two months after the High Court resumes its normal functioning. Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offences punishable under Sections 20(b)(ii)(B), 22 of the N.D.P.S. Act. Allegation is recovery of 1.5 kg Ganja from a hut situated inside tea shop of the petitioner.

It has been submitted on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case on the instance of his enemy. The alleged recovery has been made from joint house of the petitioner. Petitioner has no concern with the seized Ganja. Petitioner has no criminal

Patna High Court CR. MISC. No.6943 of 2021(2) dt.16-04-2021 2/2 antecedent and he is in custody since 11.10.2020. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with N.D.P.S. Case No. 38 of 2020 arising out of Chand P.S. Case No. 139 of 2020, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) shahzad/- U T