Chunilal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5464 of 2019 Arising Out of PS. Case No.-50 Year-2018 Thana- INARWA District- West Champaran ====================================================== Chunilal Sah, aged about 40 years, male, Son of Late Rajdeo Sah, Resident of Village - Jhumka, P.S.-Inarwa, District-West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-01-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 16.08.2018 in a case registered for the offences punishable under Sections 20, 21, 22 and 23 of the N.D.P.S., Act.

The prosecution case, as per the written report of Mannu Sah, Inspector of S.S.B., dated 15.08.2018 submitted to the Station House Officer, Inarwa Police Station, is to the effect that on 14.08.2018 at 7.30 A.M., the informant received secret information that someone is carrying Narcotic, when raid was laid and the petitioner was apprehended from whom, 5 Kgs. of ganja were recovered.

It is submitted by learned counsel for the petitioner that only on the basis of suspicion, the petitioner has been framed in

Patna High Court Cr.Misc. No.5464 of 2019(2) dt.31-01-2019 2/2 the present case. In fact no recovery has been made from the petitioner. It is further submitted that investigation has already been concluded. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that recovery has been made from the petitioner.

Considering the recovery between small and commercial quantity and the investigation being already concluded, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sessions Judge, Bettiah, West Champaran in connection with Inarwa P.S. Case No. 50 of 2018.

(Dinesh Kumar Singh, J) Amrendra/- U T