Terash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24448 of 2015 Arising Out of PS.Case No. -70 Year- 2014 Thana -PALANWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Terash Yadav S/O Late Munsi Yadav, R?O Vill Gudara P.S. Manjhauliya, Dist. West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sharma For the Opposite Party/s : Mr. Ajay Kumar-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-07-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 28.07.2014 but according to prosecution case itself, the alleged recovery was not made from conscious possession of the petitioner and furthermore, the prosecution case reflects that some persons were carrying contraband items and seeing the informant and others they threw the above stated items and fled away from there and so far as petitioner is concerned, he was caught on the spot but, admittedly nothing was recovered from his conscious possession. Petitioner does not have any criminal antecedent.

Considering the aforesaid facts and circumstances and

Patna High Court Cr.Misc. No.24448 of 2015 (2) dt.16-07-2015 2/2 also taking note of period of detention of the petitioner in jail custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Sessions Judge III, East Champaran at Motihari in connection with N.D.P.S.Case No. 48 of 2014.

(Hemant Kumar Srivastava, J) Namita/- U T