Sunil Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20261 of 2018 Arising Out of PS. Case No.-94 Year-2017 Thana- PHENHARA District- East Champaran ====================================================== Sunil Sah Son of Sri Chandra Sah @ Shreechan Sah Resident of VillageChampapur, P.S.-Patahi, District-East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek For the Opposite Party/s :
Mr. Arun Kumar Singh -5, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Phenhara P.S. Case no. 94 of 2017 registered under Sections 188, 272, 273, 290 of the Indian Penal Code, Section 30 of the Bihar Prohibition & Excise Act and Sections 20, 22 and 23 of N.D.P.S. Act.
6 grams Ganja is said to have been recovered from the possession of the petitioner while 500 ml. of country made liquor from the motorcycle on which the petitioner was riding. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his conscious physical possession. He has been falsely implicated
Patna High Court Cr.Misc. No.20261 of 2018(2) dt.11-04-2018 2/2 in the case at the instance of his enemy by planting the aforesaid recovery from his possession. He has no concern with the seized liquor. The alleged seized ganja is of small quantity. He has no criminal antecedent. He has been languishing in custody since 27.12.2017.
In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge/Special Judge, Motihari, East Champaran in connection with Phenhara P.S. Case no. 94 of 2017. (Prakash Chandra Jaiswal, J) rohit/- U T