Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56352 of 2018 Arising Out of PS.Case No. -152 Year- 2018 Thana -AIRPORT District- PATNA ====================================================== Akhilesh Kumar S/o Late Suresh Sah, R/o Baruhi, P.S.- Sahark, DistrictBhojpur at present Tenant of Hari Mahto, Sekhpura, Milkitola, P.S.- Hawai Adda, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ghanshyam Tiwary, Advocate. For the Opposite Party/s : Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-10-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Special Case No. 72 of 2018 arising out of Hawai Adda P.S. Case No. 152 of 2018 instituted for the offence under Sections 20 and 22 of N.D.P.S. Act.

Counsel for the petitioner submits that petitioner has no criminal antecedent. There is no recovery of Ganja from conscious possession of the petitioner.

In the written report it is alleged that informant arrested Santosh Kumar from whose possession 520 grams Ganja has been recovered. It is further alleged that informant raided the house of Hari Mahto which was taken on rent by Santosh Kumar and found one person sitting there. He was found preparing Puria

Patna High Court Cr.Misc. No.56352 of 2018 (2) dt.03-10-2018 2/2 of Ganja. He was apprehended. He disclosed his name as Akhileshwar Kumar (petitioner). It is further alleged that Ganja was recovered from the house in different purias as mentioned in detail in the written report.

It is mentioned in the seizure list that 6.950 kg. Ganja has been recovered, but from the written report it appears that there is no recovery from conscious possession of the petitioner. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. 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 learned District & Sessions Judge, Patna, in connection with Special Case No. 72 of 2018 arising out of Hawai Adda P.S. Case No. 152 of 2018, subject to the condition that both the bailors will be close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T