Sudhir Yadav @ Sudhir Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11776 of 2020 Arising Out of PS. Case No.-90 Year-2019 Thana- RAGHOPUR District- Vaishali ====================================================== SUDHIR YADAV @ SUDHIR KUMAR, aged about 20 years, Male, Son of Munarik Rai, Resident of Village - Mohanpur, P.S.- Raghopur, Dist.- Vaishali. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Dhirendra Kumar Sinha, Advocate.
For the Opposite Party :
Mr.Dashrath Mehta, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case for the offence registered under Sections 8, 20 of N.D.P.S. Act. The prosecution story, in brief, is that on 04.07.2019 the informant alongwith other police officials on secret information reached in the open field of Sudhir Kumar (petitioner) and saw that one Tractor with Trailer of Blue colour was standing in the said open field and one person was sitting on the seat of the driver. On seeing, the said person started fleeing but anyhow he was chased and apprehended by the police. Apprehended person disclosed his name as Sudhir Kumar (petitioner). On search, 62 Kg., of Ganja was recovered from the said vehicle. On query, he also disclosed that the
Patna High Court CR. MISC. No.11776 of 2020(2) dt.28-02-2020 2/3 recovered Ganja belongs to one Pappu Rai and the owner of the vehicle is Deepak Kumar.
It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 05.07.2019. The petitioner has got no criminal antecedent. He has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. From a Trailer of the Tractor which was standing in the open field of the petitioner, 62 Kg. Of Ganja is said to have been recovered. It is submitted that the petitioner sold the earth/soil of his field and on the date of occurrence, the said Tractor was brought by the driver and owner of the said Tractor for loading the earth/soil. The petitioner was standing in his field. The petitioner had no knowledge regarding the nature of goods kept in the Tractor in question. Neither the Tractor in question belongs to the petitioner nor he has got any concern with the alleged occurrence.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing
Patna High Court CR. MISC. No.11776 of 2020(2) dt.28-02-2020 3/3 bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge Ist-cum-Special Judge, Hajipur, Vaishali, in connection with Raghopur P.S. Case No. 90 of 2019. (Sudhir Singh, J) U.K./- U T