Patna High CourtCR. MISC./42798/2014bail granted

Saheb Kumar Sahni v. State Of Bihar And ANR

2015-05-11Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42798 of 2014 Arising Out of PS.Case No. -1025 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Saheb Kumar Sahni Son of Sri Sahdeo Sahni Resident of Village - Brindaban, P.O.- Mushari Bazar, P.S.- Tariyani, District - Sheohar .... .... Petitioner

Versus

1. The State of Bihar

2. Narcotics Control Bureau, Patna .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Vijay Kumar Sinha, Adv For the Narcotics Control Bureau : Mr. Manoj Kumar Singh, For the Opposite Parties : Mr. Chandra Bhushan Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-05-2015 Heard the parties.

Petitioner is languishing in custody since 07.09.2013 in a case registered for the offences punishable under Sections 8, 20 of the N.D.P.S. Act.

It is alleged that petitioner was carrying two bags containing 15 Kgs 600 Gms of ganja which was handed over to Ashok Kumar and Puneet Singhal when all the three accused including the petitioner were apprehended. It is submitted by learned counsel for the petitioner that from perusal of the First Information Report, it does not appear that recovery is from the conscious position of the petitioner. Moreover even assuming the accusation the recovery is between small and commercial quantity. A statement has been made in para 3 of the

Patna High Court Cr.Misc. No.42798 of 2014 (4) dt.11-05-2015 2/2 petition that petitioner has no criminal antecedent. Considering the aforesaid facts, 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 learned Additional Sessions Judge-VII-cum-Special Judge, N.D.P.S, Patna in connection with Special Case No. 60 of 2013.

Let learned Court below cancel the bail bonds of the petitioner, if the petitioner gets substantially involved in similar nature of offence or defaults for two consecutive occasions during trial.

(Dinesh Kumar Singh, J) Shageer/- U T