IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (SJ) No.945 of 2010
Bhanu Rai @ Bhuneshwar Rai
Versus
State Of Bihar
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4. 21.7.2011 I.A.No. 1494 of 2011
Heard learned counsel for the appellant and
learned A.P.P. for the State on the renewal prayer for bail made
by the appellant through the present interlocutory application
which prayer was rejected on 23.11.2010.
The contention is that the offence could be
punishable under Section 21(b) of the N.D.P.S.Act and the
sentence has been inflicted upon the appellant to suffer rigorous
imprisonment for five years out of which the appellant has spent
twenty two months.
Regard being had to the period of imprisonment
the appellant has spent, let him, namely, Bhanu Rai alias
Bhuneshwar Rai be directed to be released, during pendency of
this appeal, on furnishing a bond of Rs. 10,000/-( ten thousand)
with two sureties of the like amount each to the satisfaction of
the trial court, i.e., Ist Additional Sessions Judge, Saran, Chapra,
in N.D.P.S.Case No. 25 of 2001 arising out of Sonepur P.S.Case
No. 238 of 2001.
As regards the sentence of fine, realisation there of
shall remain stayed till further orders.
Kanth ( Dharnidhar Jha, J.)