Patna High CourtCR. MISC./19927/2016bail granted

Kanhaiya Sahni v. The State Of Bihar

2016-09-07Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19927 of 2016 Arising Out of PS.Case No. -32 Year- 2015 Thana -GHANSHYAMPUR District- DARBHANGA ======================================================

1. Kanhaiya Sahni S/o Late Harihar Sahni R/o village - Jirat, P.S. Ghanshyampur, District - Darbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar Singh For the Opposite Party/s : Mr. Rana Randhir Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 07-09-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Earlier prayer for bail of the petitioner was rejected taking note of this court that 13 kg. 450 gms. Ganja was recovered from house of the petitioner but submission on behalf of petitioner is that the petitioner is languishing in jail custody since 25-022015 and uptill now, his trial could not be concluded. The learned trial court has reported that four prosecution witnesses have already been examined but still, two official witnesses as well as 8 seizure list witnesses have been left to be examined.

Paragraph-3 of the petition goes to show that prior to institution of the present case, the petitioner had not been made

Patna High Court Cr.Misc. No.19927 of 2016 (3) dt.07-09-2016 2/2 accused in the case of NDPS Act. The alleged recovery is less than commercial quantity and therefore, considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with G.O. Case No. 11 of 2015 arising out of Ghanshyampur P.S. Case No. 32 of 2015 to the satisfaction of learned Sessions Judge-cum-Special Judge, NDPS Act, Darbhanga.

(Hemant Kumar Srivastava, J) A.K.V./- U T