Patna High CourtCR. MISC./19670/2019bail granted

Anand Kumar @ Tharu v. The State Of Bihar

2019-04-25Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19670 of 2019 Arising Out of PS. Case No.-104 Year-2018 Thana- SIKTA District- West Champaran ====================================================== ANAND KUMAR @ THARU Son of Murari Kuvar Resident of Village - Shikarpur, P.S.- Sikta, Distt - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the State :

Mr. C. Jawahar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 20, 22, 23, 24, 27A, 29 of NDPS Act. Allegedly, 4 Kgs. of Charas, kept in a brown colour bag was recovered from possession of one Chandan Kumar. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 24-12-2018. Charge sheet has already been submitted. The petitioner has been falsely implicated in the present case. The petitioner was not apprehended on the spot. Four kgs of Charas is alleged to have been recovered from possession of co-accused Chandan Kumar.

Patna High Court CR. MISC. No.19670 of 2019(3) dt.25-04-2019 2/2 The name of this petitioner transpired on the basis of disclosure made by co-accused Chandan Kumar. There is no recovery of any contraband from conscious possession of the petitioner. There is no compliance of Sections 42 & 50 of NDPS Act. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, West Champaran at Bettiah in connection with Sikta P.S. Case No. 104 of 2018.

(Sudhir Singh, J) A.K.V.//- U T