Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10530 of 2017 Arising Out of PS.Case No. -883 Year- 2016 Thana -BIHTA District- PATNA ====================================================== Mukesh Kumar, Son of Late Vidya Rai, resident of Mohalla - Gardanibagh, Yarpur Yogia Toli, P.S. Gardanibagh, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kaushal Kumar, Advocate For the Opposite Party/s : Mr. Ram Bilash Roy Raman, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-04-2017 This is an application for grant of bail for offences punishable under Sections 8/20 (ii) (c)/25 and 29 of the N.D.P.S. Act and Section 414 of the Indian Penal Code. It has been submitted on behalf of the petitioner that nothing has been recovered from the possession of the petitioner and according to the prosecution story, 14 kg. ganja was recovered from co-accused Birbal Prasad. It has further been submitted that from the confessional statement of Birbal Prasad the name of petitioner has come in this case. Petitioner is in custody for four months.

Heard learned A.P.P. also. He has opposed the prayer for bail and has submitted that 14 kg. ganja was recovered from the house of co-accused Birbal Prasad but in his

Patna High Court Cr.Misc. No.10530 of 2017 (4) dt.03-04-2017 2/2 confessional statement he has stated that petitioner is the gang leader.

Considering the seizure as well as confessional statement of the co-accused, I am not inclined to grant bail to the petitioner, same is rejected.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) sudip/- U T