Ashok Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14080 of 2017 Arising Out of PS.Case No. -17 Year- 2017 Thana -KAHALGAON District- BHAGALPUR ======================================================
1. Ashok Rai S/o Jagdish Rai Resident of Village- Sitarampur, P.S. Matihani, District- Begusarai.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Sri Nand Kishore Pd. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-06-2017 Heard both sides.
The petitioner seeks bail in Kahalgaon P.S. case No. 17 of 2017 under Section 20, 22 of the N.D.P.S. Act. Rakesh Kumar, the informant, S.H.O. of Kahalgaon P.S., got information that smugglers were bringing Ganja on a Scorpio vehicle bearing registration No. JH07B-0002 and on such the Scorpio and one motor cycle were intercepted. Md. Irfan was driving the motor cycle and Sadan Yadav was driving the Scorpio. Pramod Kumar, Mohni Devi, Sonu Devi and Sundari Devi were sitting inside the Scorpio vehicle.
The learned counsel for the petitioner submits that Sadan Yadav, driver of the Scorpio vehicle, disclosed the name of the petitioner as owner of the vehicle. The petitioner has no
Patna High Court Cr.Misc. No.14080 of 2017 (4) dt.20-06-2017 2/2 knowledge about the transportation of Ganja in his vehicle. Sadan Yadav, driver of the vehicle, has already been granted bail vide order dated 14.06.2017 passed in Cr. Misc. No. 26604 of 2017. It is further submitted that co-passengers, Mohni Devi, Soni Devi and Sundari Devi, who were sitting inside the vehicle from which Ganja was recovered, have also been enlarged on bail vide order dated 16.05.2017 and 12.06.2017 passed in Cr. Misc. No. 16805 of 2017, 18169 of 2017 and Cr. Misc. No. 26099 of 2017 respectively.
Considering the facts that petitioner was not apprehended on the spot and the driver and co-passengers, who were apprehended on the spot while carrying commercial quantity of Ganja, have already been enlarged on bail, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Bhagalpur in Kahalgaon P.S. Case No. 17 of 2017. (Prabhat Kumar Jha, J) BKS/- U T