Sachitanand Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72468 of 2022 Arising Out of PS. Case No.-79 Year-2022 Thana- SIKRAUL District- Buxar ====================================================== SACHITANAND SAH Son of Shri Bhagwan Sah R/V- Dhawchhua, P.SNawanagar, Dist- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satyapal Singh, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 18-04-2023
1. Let the defect(s), if any, pointed out by the office be removed within four weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.
2. Heard learned counsel for the petitioner and learned APP for the State.
3. Petitioner seeks regular bail in connection with Sikraul P.S. Case No. 79 of 2022, dated 29.07.2022 registered for the offences punishable under Sections 20 and 22 of the NDPS Act.
4. The main submissions advanced by petitioner's counsel are that as per prosecution's story one kilogram narcotic
Patna High Court CR. MISC. No.72468 of 2022(2) dt.18-04-2023 2/3 material suspected to be Ganja was allegedly recovered from the possession of co-accused, Lal Muni Devi and she has been granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No. 56295 of 2022 and one co-accused Sri Bhagwan Sah has also been granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. No. 71570 of 2022 and the case of this petitioner is completely identical with the co-accused Lal Muni Devi and according to the prosecution, from the possession of the petitioner 1.100 kilogram narcotic material suspected to be Ganja is stated to have been recovered and the said quantity is much lesser than the commercial quantity and the petitioner has been languishing in jail since 30.07.2022 having fair and clean antecedent.
5. Learned APP appearing for the State has opposed the prayer for bail.
6. Considering the above submissions and mainly the petitioner's fair and clean antecedent and the quantity of the alleged contraband which is stated to have been recovered from the possession of this petitioner, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner namedabove be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.72468 of 2022(2) dt.18-04-2023 3/3 each to the satisfaction of the concerned Court in connection with Sikraul P.S. Case No. 79 of 2022.
(Shailendra Singh, J.) maynaz/- U T