Sudeshwar Singh @ Sudeshwar Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21805 of 2015 Arising Out of PS.Case No. -8 Year- 2015 Thana -PARSA District- SARAN ======================================================
1. Sudeshwar Singh @ Sudeshwar Kumar Singh son of Chandeshwar Singh R/o Vill.- Pachlakh, P.S.- Parsa, District- Saran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Tiwary For the Opposite Party/s : Mr. R.S.Choudhary(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 03-07-2015 Heard learned counsel for the petitioner as well as learned APP.
On getting confidential information regarding possession as well as transaction of Ganja by Sonu Kumar, his father and brother with assistance of Sudeshwar Singh @ Sudeshwar Kumar Singh, raid was conducted at the house of Sonu Kumar in his presence and from a room situated at upper floor of the house, 30 kg. Ganja was seized. Further, on search, cartridges, seal of different authorities, cash appertaining to Rs.11000/- was also recovered from the said room. It has been alleged that from different room, the petitioner Sudeshwar Kumar Singh was apprehended and on personal search, a mobile set, purse containing Rs.520/-, Identity Card were seized. One Jitendra Singh was also apprehended from whose possession 2 mobile sets, cash appertaining to Rs.160/- was seized.
Furthermore, Bolero Jeep was also seized regarding which it has been alleged that it was being used as carrier van. It has been submitted on behalf of the petitioner that
Patna High Court Cr.Misc. No.21805 of 2015 (2) dt.03-07-2015 2/2 unfortunately, he was present at the place when raid was conducted however the house does not belong to the petitioner nor any incriminating substance has been recovered from his possession. Furthermore, he is in jail custody since 13.1.2015 having no criminal antecedent.
On the other hand, learned APP opposed the prayer and submitted that presence of the petitioner suggests his active complicity during the course of commission of crime. Considering the facts of the case, the petitioner Sudeshwar Singh @ Sudeshwar Kumar Singh is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra in connection with NDPS Case No.2 of 2015 arising out of Parsa P.S. Case No.8 of 2015.
(Aditya Kumar Trivedi, J) ahk/- U T