Deonath Sah @ Devnath Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27340 of 2021 Arising Out of PS. Case No.-114 Year-2019 Thana- MADHAURAH District- Saran ====================================================== Deonath Sah @ Devnath Sah Son Of Hiralal Sah R/O Village- Rasulpur, P.S.- Amnaur, District- Saran At Chapra.

... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 120(B) of the IPC and Sections 8/20(ii)(c)/29 of the NDPS Act. It is a case of recovery of about 201 kg. and 300 grams ganja in 20 packets from a container.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that the petitioner has not been arrested at the spot and seizure list was prepared. He further submits that on the confessional statement of co-accused Arman Ali, the name of this petitioner came into light of this case but the confessional statement of co-accused is not admissible in respect of this

Patna High Court CR. MISC. No.27340 of 2021(4) dt.11-04-2022 2/2 occurrence and may not be treated against the petitioner and he has no concern with the said incriminating material, i.e., ganja. Petitioner has got clean antecedent.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Ist Additional Sessions Judge, Saran at Chapra in connection with NDPS Case No.04 of 2019 arising out of Marhowrah P.S. Case No. 114 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T