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Patna High CourtCR. MISC./72450/2018bail granted

Sanni Sah @ Sanni Mahto And ANR v. The State Of Bihar

2018-12-13Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72450 of 2018 Arising Out of PS. Case No.-10 Year-2018 Thana- BACHHWARA RAIL P.S. DistrictBegusarai ======================================================

1. Sanni Sah @ Sanni Mahto, Son of Dilip Sah @ Dilip Mahto

2. Dilip Sah @ Dilip Mahto Son of Late Singho Mahto, Both Resident of Village-Nonpur, P.S. Teghra, Distirct-Begusarai. Both Presently Resident of Village-Arba, P.S. Bachhwara, Distict-Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the Opposite Party/s :

Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2018 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek regular bail in connection with Bachhwara Rail P.S. Case No. 10 of 2018, registered for the offence punishable under Sections 414, 34 of the Indian Penal Code and Sections 20, 22 of the N.D.P.S. Act. The allegation is regarding recovery of A.T. Van tablet in powder form from the petitioners herein totalling to about 11 tablets apart from the recovery of one blade and two mobile phones.

The learned counsel for the petitioners submits that the quantity of A.T. Van tablets recovered from the petitioners

Patna High Court Cr.Misc. No.72450 of 2018(2) dt.13-12-2018 2/2 are negligible and moreover, the seizure list is defective since there has been no compliance of Section 100 of the Cr.P.C. It is submitted that the petitioner No. 1 is having a clean antecedent and as far as the petitioner No. 2 is concerned, he is an accused in one other case in which he is on bail. The petitioners are father and son and are said to be languishing in custody since 03.06.2018.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioners on regular bail.

Accordingly, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Begusarai in connection with Bachhwara Rail P.S. Case No. 10 of 2018. (Mohit Kumar Shah, J) ajay gupta/- U T