Sunil Chaurasiya @ Sunil Kumar Chaurasia v. The State Of Bihar
Patna High Court Cr.Misc. No.47132 of 2014 (2) dt.04-02-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47132 of 2014 Arising Out of PS.Case No. -5 Year- 2014 Thana -SIMRI District- BUXAR ======================================================
1. Sunil Chaurasiya @ Sunil Kumar Chaurasia son of Rameshwar Chaurasiya resident of village - Balihar, Police Station - Simri, District - Buxar .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Mr. Bharat Bhushan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-02-2015 Heard learned counsel for the petitioner and learned counsel representing the State.
Petitioner seeks bail in connection with Simri P.S. Case No. 05 of 2014 registered for the offences punishable under Sections 414/420 of the Indian Penal Code, Sections 20(B) (ii) (c)/22/27(A)/29 of the Narcotic Drugs & Psychotropic Substances Act and Sections 47 (a) of Excise Act.
Two persons on the truck identified as Rakesh Kumar and Ashish Kumar Pathak and two persons in Scorpio identified as Md. Maksood Ansari and the petitioner were arrested and on search from the truck 708 Kg 130 grams Ganja and from Scorpio 6 Kg 300 Grams Ganja were recovered and further from
Patna High Court Cr.Misc. No.47132 of 2014 (2) dt.04-02-2015 the house of the petitioner 10 kg Ganja was recovered and from the house of Maksood Ansari 5 kg Ganja was recovered. Submission is that the petitioner has got no concern with the truck, he cannot be fastened with the liability of Ganja seized from the truck and for the recovery from joint house is less than the commercial quantity. The petitioner is suffering in custody since 9.1.2014, and as such, he deserves sympathetic consideration to which the learned APP opposes. Considering the alleged recovery, this Court is not persuaded to enlarge the petitioner on bail accordingly, his such prayer stands rejected.
(Jitendra Mohan Sharma, J) avin/- U T