Nandkishor Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87032 of 2024 Arising Out of PS. Case No.-69 Year-2024 Thana- Jagdishpur District- West Champaran ====================================================== Nandkishor Sahani S/O Manshilal Sahani R/O Vill.- Dakshini Telhua, P.S.- Nautan, Dist.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-02-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Jagdispur P.S. Case No. 69/2024 dated 04.08.2024 registered for the offence punishable u/ss 20(b)(ii)(A)/20(b)(ii)(B) of the NDPS Act.

3. As per the prosecution case, total 238 grams charas and total 740 grams ganja were recovered from the possession of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The seized contraband are less than commercial quantity. The petitioner has six antecedents as stated in para 3 of the bail petition. The petitioner is neither the owner nor the driver of the said vehicle. The petitioner is in custody since

Patna High Court CR. MISC. No.87032 of 2024(2) dt.18-02-2025 2/2 05.08.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, West Champaran at Bettiah in connection with Jagdispur P.S. Case No. 69/2024, with the condition ;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. (ii). If the petitioner is found involved in similar nature of offence in the future, the prosecution will be at liberty to move for cancellation of his bail bonds.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T