Patna High CourtCR. MISC./46495/2014bail granted

Jalaudin Dewan @ Nanhak Dewan @ Jalaludin Dewan @ Jalwadin Dewan v. The State Of Bihar

2015-02-16Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46495 of 2014 Arising Out of PS.Case No. -12 Year- 2011 Thana -SIKTA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Jalaudin Dewan @ Nanhak Dewan @ Jalaludin Dewan @ Jalwadin Dewan, Son of Nirodha Dewan @ Nurda Dewan @ Noorhoda Dewan, Resident of Village - Purania, P.S. - Sikta, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kr Singh No.1, Advocate For the Opposite Party/s : Mr. Md.Sufiyan, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-02-2015 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner is in custody since 31.1.2014 in connection with Sikta P.S. Case No.12 of 2011 registered for the offences under Sections 20 and 22 of the N.D.P.S. Act. Learned counsel for the petitioner submits that though the petitioner is not named in the F.I.R. and that there was no recovery from the possession of the petitioner, the name of the petitioner surfaced only on the confessional statement of Sanwar Alam. It is further submitted on behalf of the petitioner that the petitioner cannot be implicated and prosecuted solely on the basis of confessional statement of one accused made before the police.

Patna High Court Cr.Misc. No.46495 of 2014 (4) dt.16-02-2015 2/2 It is further submitted that similarly situated person, whose name has also been brought on the basis of the said confessional statement, has been extended the privilege of bail by this Court in Cr.Misc. No.39399 of 2013, vide order dated 27.11.2013, whereas the petitioner is languishing in jail for more than one year. Considering the aforementioned submissions, let the above named petitioner be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Additional District & Sessions Judge, Bettiah, in connection with Sikta P.S. Case No.12 of 2011 (S.Tr. No.15/2014).

(Anjana Mishra, J) PNM U T