Jitendra Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67895 of 2021 Arising Out of PS. Case No.-134 Year-2021 Thana- HATHAURI District- Muzaffarpur ====================================================== Jitendra Sahni, S/O Juga Sahni @ Yogeshwar Sahni R/O Village- Narmadih, P.S.- Hathauri, District- Muzaffarpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Ms. Anjana- Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 20, 22 of the N.D.P.S. Act. The learned counsel for the petitioner submits that the petitioner is in custody since 10.06.2021, he is a person with clean antecedent and charge-sheet has been submitted in this case.

Allegation is of recovery of 02 kilograms of ganja from Kundan Kumar, who was sitting in the middle of the motorcycle with a plastic bag, which was being driven by the petitioner and Navin Kumar was sitting as pillion behind Kundan Kumar.

The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.67895 of 2021(2) dt.20-04-2022 2/2 from perusal of the allegation as alleged in the F.I.R., it would manifest that nothing was recovered from the conscious possession of the petitioner rather recovery of ganja was from Kundan Kumar and Kundan Kumar has been granted bail by order dated 29.03.2022 in Cr. Misc. No.63148 of 2021. Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody, he is a person with clean antecedent, charge-sheet has been submitted in this case and nothing was recovered from his possession and co-accused has been granted bail, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Hathauri P. S. Case No.134 of 2021, corresponding to N.D.P.S. Case No.62 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T