Anarik Bhagat v. The State Of Bihar

Patna High Court Cr.Misc. No.7561 of 2016 (3) dt.06-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7561 of 2016 Arising Out of PS.Case No. -11 Year- 2012 Thana -RAGHOPUR District- VAISHALI(HAJIPUR) ====================================================== Anarik Bhagat S/o Late Bipat Bhagat resident of village - Malikpur, P.S. Raghopur, District - Vaishali .... .... Petitioner

Versus

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

For the Petitioner : Mr. Dhirendra Kumar Sinha, Advocate For the Opposite Party : Mr. Uma Nath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-04-2016 A supplementary affidavit has been filed on behalf of the petitioner which is kept on record.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Raghopur P.S. Case No. 11 of 2012 for the offences instituted under Sections 20 and 22 of the NDPS Act. As per prosecution case, it is a case of recovery of twenty five kilograms of ganja after conducting raid by the informant who is SHO of Raghopur police station. The said recovery has been made from the possession of the petitioner.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Petitioner has falsely

Patna High Court Cr.Misc. No.7561 of 2016 (3) dt.06-04-2016 been implicated in the present case. From perusal of the case diary of paras-59, 60, 61 and 62 and other paras, it is evident that the witnesses have not supported the prosecution case. Police after investigation has submitted a final form in the present case against the petitioner.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R. and from the open Baithka contraband substance is said to have been recovered. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Raghopur P.S. Case No. 11 of 2012 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ADJ-Ist-cum-Special Judge, Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Brajesh Kr./- U T