Sanjay Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47340 of 2019 Arising Out of PS. Case No.-73 Year-2019 Thana- CHHAURADANO District- East Champaran ====================================================== SANJAY SAHANI, Son of Ram Surat Sahani, Resident of Village- Nava Nagar Makri Tola, P.S.- Sahebganj, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Pandey For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 05-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in NDPS Case No.31 of 2019 arising out of Chhauradano (Mahuawa) P.S. Case No.73 of 2019 instituted for the offence under Section(s) 20 and 22 of the NDPS Act.

Counsel for the petitioner submits that petitioner has clean antecedents. There is no recovery of any narcotic drug from conscious possession of the petitioner.

It is alleged in the written report that petitioner and few other persons were crossing Indo-Nepal border. They started running away after throwing their bags on seeing police. The police chased and three of them were apprehended including the petitioner. It is further alleged that police got those

Patna High Court CR. MISC. No.47340 of 2019(2) dt.05-08-2019 2/2 bags thrown by the accused persons seized and total 90 Kg. Ganja was found in those bags.

Counsel for petitioner submits that production cum seizure list is part of the First Information Report from which it appears that there is no recovery of any narcotic drugs from conscious possession of the petitioner. Ganja was produced by the informant himself. It is mentioned in the aforesaid production cum seizure list that seizure has been made in Mahuawa Police Station.

Petitioner is in custody since 14.03.2019.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sessions Judge/Special Court, East Champaran, Motihari, in connection with NDPS Case No.31 of 2019 arising out of Chhauradano (Mahuawa) P.S. Case No.73 of 2019, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) J. Alam/- U T