Sunesh Patel v. The State Of Bihar

Patna High Court Cr.Misc. No.40852 of 2017 (3) dt.14-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40852 of 2017 Arising Out of PS.Case No. -534 Year- 2016 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sunesh Patel, Son of Sri Prem Raut, Resident of Village- Piradi, P.S.- Sherwa, District- Parsa (Nepal).

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-09-2017 The petitioner seeks regular bail in connection with Shikarpur P.S. Case No. 534 of 2016, registered for offences punishable under Sections 20 and 22 of NDPS Act. Allegation against the petitioner is of recovery of two kg of charas, from the motorcycle on which petitioner and one coaccused was traveling. It has been submitted on behalf of the petitioner that nothing has been recovered from the conscious possession of the petitioner and other co-accused has already been granted bail vide order dated 27.07.2017 passed in Cr. Misc. No. 26993 of 2017 and he has been in judicial custody since 19.12.2016. Heard learned A.P.P. also.

Having heard both sides, considering the fact though

Patna High Court Cr.Misc. No.40852 of 2017 (3) dt.14-09-2017 other co-accused has been granted bail but he has been granted bail under the perception that he has been implicated on the basis of confessional statement and F.I.R shows that petitioner and other accused were arrested on spot, as such, I am not inclined to release the petitioner on bail, his application for regular bail is, accordingly, rejected.

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