Sanjay Vishwakarma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37954 of 2021 Arising Out of PS. Case No.-579 Year-2020 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Sanjay Vishwakarma S/o Bhaddar Lal Vishwakarma Resident of VillageMakarchar, P.S.- Bardghat, District- Nawal Parasi (Nepal). Presently residing at Vijay Chhapra, P.S.- Ahiyapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Jha For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-01-2022 Heard both parties through video conferencing. The petitioner seeks bail in Town P.S. Case No. 579 of 2020, registered for the offence punishable under Section 414/34 of the Indian Penal Code and section 8, 20, 22 of the NDPS Act.

As per prosecution case, on the disclosure made by co- accused Prabhash Sharma, a raid was conducted in a rented house which belongs to Surendra Prasad, and this petitioner and other co-accused persons were apprehended. It is further alleged 750 gms of Charas from plastic tape and 760 gms of Charas from plastic, cash of Rs. 14 lakhs, ornaments and mobile phone were recovered.

It is submitted on behalf of the petitioner that nothing has been recovered from conscious possession of this petitioner.

Patna High Court CR. MISC. No.37954 of 2021(2) dt.18-01-2022 2/2 Recovery has been made from rented house belongs to one Surendra Prasad. Cash of Rs. 14 lakhs belongs to the grandfather of this petitioner and petitioner and his brother were going to hand over Rs. 14 lakh to one Arun Kumar for sale of land. It is further submitted that prior to lodging of the present case, petitioner has got no criminal antecedent. After lodging of the present case petitioner has been remanded in one case bearing Chakia PS Case No. 325 of 2020 registered under NDPS Act. Petitioner is in custody since 21.09.2020. Considering the fact that no narcotic substance has been recovered from conscious possession of this petitioner and recovery has been made from rented house, let the petitioner above-named, be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge I, Muzaffarpur in connection with Town P.S. Case No. 579 of 2020.

(Prabhat Kumar Singh, J) vinita/- U T