Shyambabu Chauhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19684 of 2017 Arising Out of PS.Case No. -314 Year- 2016 Thana -JAKKANPUR District- PATNA ====================================================== Shyambabu Chauhan, Son of Ram Nath Chauhan @ Ram Nath Nonia, Resident of Village - Beldari Chak, Police Station - Parsa Bazar, District - Patna.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Shiw Kumar Prabhakar, Advocate.
For the Opposite Party : Mr. Madan Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-06-2017 Heard both sides.
The petitioner seeks bail in Jakkanpur P.S. Case No. 314 of 2016, corresponding to Special Case No. 101 of 2016 registered for the offences punishable under Sections 20(b) of the Narcotic Psychotropic Substances Act.
The informant, SHO Jakkanpur police station, got information that a person is waiting for auto rickshaw carrying a bag in his hand in which Ganja was kept. The police apprehended the petitioner and 6 kgs. Ganja was recovered. Learned counsel for the petitioner submits that from perusal of the FIR, it would appear that the police got information in the police station at about 08:35 A.M., where as the seizure list was prepared at about 07:00 A.M. in the morning. Only 6 kgs. of Ganja is said to have been recovered from the possession of the
Patna High Court Cr.Misc. No.19684 of 2017 (3) dt.20-06-2017 2/2 petitioner. The petitioner has falsely been implicated in the case and for that the petitioner is in jail since 08.12.2016. Considering the facts aforesaid and the facts that about 6 kgs. of Ganja was recovered from the possession of the petitioner and for that the petitioner is in jail for about 61⁄2 months and the petitioner has got no criminal antecedent, the petitioner above named 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 Additional Sessions Judge-III, Patna in Jakkanpur P.S. Case No. 314 of 2016, corresponding to Special Case No. 101 of 2016. (Prabhat Kumar Jha, J.) KKSINHA/- U T