← Library
Patna High CourtCR. MISC./8104/2017dismissed

Santosh Sah v. The State Of Bihar

2017-03-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8104 of 2017 Arising Out of PS.Case No. -121 Year- 2005 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Santosh Sah S/o Sri Chhote Lal Sah Resident of Village-Semra P.S.-Semra, District-West Champaran, Bettiah .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Sinha For the Opposite Party/s : Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-03-2017 Heard the parties.

This application is for grant of bail in connection with Ramnagar P.S.Case No.121 of 2005 for the offence under Sections 20/22 of the N.D.P.S. Act.

It is submitted on behalf of the petitioner that except the confessional statement of the co-accused, there is nothing against the petitioner and the co-accused against whom, there are allegations, has already been acquitted, vide judgment dated 30.09.2013 passed in Sessions Trial No.43 of 2005, however as the investigation against this petitioner was pending at that time and he had no knowledge, later on charge-sheet was submitted in the year, 2013 and he was arrested in the year, 2016. He is in custody for about three months.

Patna High Court Cr.Misc. No.8104 of 2017 (3) dt.03-03-2017 2/2 Heard learned A.P.P. also, who has opposed the prayer for bail.

Having heard both sides. In view of the fact that the charge-sheet was submitted against this petitioner in the year, 2013 and he was arrested in the year, 2016.

Considering the above matter, I am not inclined to grant bail to the petitioner at this stage, however, the petitioner may renew his prayer for bail after framing of the charge in this case before the court concerned itself, who will examine the materials against this petitioner and will pass appropriate order without being prejudiced by the order of this Court..

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U