Himal Dhital @ Himatalidhitali And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.80802 of 2018 Arising Out of PS. Case No.-138 Year-2018 Thana- SONBERSA District- Sitamarhi ======================================================
1. Himal Dhital @ Himatalidhitali son of Ram Dhital, R/o Harion, Ward No. 9, P.S. - Harion, Distt.- Sarlahi, Nepal
2. Krishna Dheemtal @ Krishna Dheemal, son of Chitra Dheemal @ Narain Dheemal, R/o Harion, Ward no. 9 P.s. - Harion, District - Sarlahi, Nepal
3. Kailash Sahni son of Biswanath Sahni, R/o virat Nagar, P.S. - Virat Nagar, Distt.- Moran (Nepal) ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Jha, Adv.
For the Opposite Party/s :
Mr.Nawal Kishore Pd. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-01-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners seek regular bail in Sonbarsa P.S. Case No. 138/2018, registered for the offences punishable under Section 336 and 418 of the Indian Penal Code and sections 18(A) and 18(B) Rule 27 (b)(ii) 28, 28(A) and 30 of the Drugs and Cosmetics Act and section 28 and 22 (b) of the N.D.P.S. Act.
It is alleged that S.S.B. persons caught three persons with some drugs and search was made. 19 strips of Nitravate tablets has been recovered and all three persons have been taken into custody.
Patna High Court Cr.Misc. No.80802 of 2018(2) dt.18-01-2019 2/2 Learned counsel for the petitioners has submitted that seizure list is the part of F.I.R. which does not bear signature of the apprehended accused. Petitioners are in custody since 25.07.2018 having clean antecedent.
Considering the facts and circumstances of the case, prayer of the petitioners for grant of bail is allowed. Let the petitioners above-named, be released on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Additional District & Sessions Judge, Sitamarhi in connection with Sonbarsa P.S. Case No. 138/2018, subject to the condition that both the bailors will be close relative of the petitioners. (Sanjay Priya, J) vinita/- U T