Parash Prasad v. The State Of Bihar

Patna High Court Cr.Misc. No.3350 of 2017 (5) dt.18-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3350 of 2017 Arising Out of PS.Case No. -347 Year- 2016 Thana -BARACHATTI District- GAYA ======================================================

1. Parash Prasad S/o late Ramdeo Prasad R/o Vill- Bishambharpur, P.S.- Bishambharpur, Distt. Gopalganj.

.... .... 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. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-05-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 06.09.2016 in connection with Barachatti P.S. Case No. 347of 2016 registered under Sections 8/20(KH)/ii (Ga)/25/29 of the N.D.P.S. Act.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, no recovery has been made from the conscious possession of the petitioner rather the recovery has been made from the alleged vehicle, which has no concern with the petitioner. Moreover, the alleged recovery does not come within the purview of commercial quantity. Charges have already been framed in this case and the petitioner is rotting in custody for the last seven months.

Patna High Court Cr.Misc. No.3350 of 2017 (5) dt.18-05-2017 Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cumSpecial Judge, Gaya in connection with Barachatty P.S. Case No. 347 of 2016.

(Arvind Srivastava, J.) brajesh/- U T