Patna High CourtCR. MISC./5671/2018bail granted

Tarkeshwar Singh @ Master v. State Of Bihar And ANR

2018-02-02Justice Smt. Anjana Mishra2 pages

Patna High Court Cr.Misc. No.5671 of 2018 (2) dt.02-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5671 of 2018 Arising Out of PS.Case No. -315 Year- 2017 Thana -ARA NAWADA District- BHOJPUR ======================================================

1. Tarkeshwar Singh @ Master, Son of Sri Bijendra Singh, Resident of Village- Masarh, P.S.- Udwant Nagar, District- Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Union of India NDPS Department.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has been in custody since 16.11.2017 in connection with N.D.P.S. Case No. 28 of 2017 arising out of Ara Nawada P.S. Case No. 315 of 2017 for the offence registered under Sections 8 (c ), 20 (b) (ii) c of the Indian Penal Code. Learned counsel for the petitioner submits that there is no recovery from the petitioner and only his name has been taken by stating that in the sale proceeds of the ganja which was recovered from the possession of the co-accused, namely, Gopal Singh, Chandan Singh, Satendra Singh and Kamlesh Paswan, the petitioner would also be having a share.

Considering the fact that there is no recovery from the conscious possession of the petitioner and that similarly situated

Patna High Court Cr.Misc. No.5671 of 2018 (2) dt.02-02-2018 co-accused, Satendra Kumar has been extended the privilege of bail vide order dated 04.12.2017 passed in Cr. Misc. No. 50404 of 2017, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge, Bhojpur, Ara in connection with N.D.P.S. Case No. 28 of 2017 arising out of Ara Nawada P.S. Case No. 315 of 2017. (Anjana Mishra, J) Jagdish/- U T