Chhabilal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32005 of 2017 Arising Out of PS.Case No. -11 Year- 2017 Thana -SIKTA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Chhabilal Yadav Son of Manager Yadav, Resident of Village- Satgarhi, P.S.- Gopalpur, District- West Champaran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ram Adya Singh, Adv. For the Opposite Party/s : Mr. Mithilesh Kumar Khare, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 29-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 26.01.2017 in connection with Trial No. 20 of 2017 arising out of Sikta P.S. Case No. 11 of 2017 for offences punishable under Sections 8, 20(b)(ii) (C) of N.D.P.S. Act.

The prosecution case, as lodged by the police personnel, is that during raid petitioner was apprehended and from a plastic bag 36 kg. ganja was recovered. Accordingly, the seizure list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case because of police

Patna High Court Cr.Misc. No.32005 of 2017 (4) dt.29-08-2017 2/2 highhandedness as the written report itself has variation in the dates of occurrence which falsifies the prosecution story. He submits that charge sheet has already been submitted, trial is going on and there is no allegation of tampering of the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail stating therein that huge quantity of ganja was recovered and the petitioner was apprehended on the spot. Considering the facts and circumstances and the materials on record, I am not inclined to grant privilege of bail to the petitioner at this stage in connection with Sikta P.S. Case No. 11 of 2017, pending in the court of learned 5th Additional Sessions Judge, Bettiah, West Champaran.

Application is, accordingly, rejected.

(Nilu Agrawal, J) SHAHZAD/- U T