Budhan Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5418 of 2016 Arising Out of PS.Case No. -101 Year- 2014 Thana -PALANWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Budhan Das Son of Rambadan Das Resident of village - Nathudwar, P.S. Khanpur, District - Samastipur ( Bihar ) .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. Anish Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-02-2016 Heard learned counsel for the petitioner and the State.
Petitioner is languishing in custody since 29.09.2014 in a case registered for the offences punishable under Section 20B, 22, 23, 24 of the Narcotics Drugs and Psychotropic Substances Act.
The prosecution case is that two miscreants were intercepted, who disclosed their name as Indal Das and Chhote Lal Thakur. From Indal Das 12 K.gs and from Chhote Lal Thakur 15 K.gs of ganja were recovered. Indal Das suggested that he was going to handover the ganja to one Sanjay Das then raid was laid Sanjay Das was arrested along with petitioner and Gulleten Mian.
It is submitted by the learned counsel for the
Patna High Court Cr.Misc. No.5418 of 2016 (2) dt.08-02-2016 petitioner that as per the prosecution case there is no recovery made from the possession and only on suspicion the accusation has been levelled. Moreover, co-accused from whom recovery were made did not name the petitioner. The petitioner has been roped in because he was found in the company of Sanjay Das, who was going to receive the consignment alone. Investigation has already concluded. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.
Considering the aforesaid facts, let the above named petitioner, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge-cum-Special Judge, Motihari in connection with N.D.P.S. Case No. 71 of 2014.
(Dinesh Kumar Singh, J) P.K./- U T