Shakti Yadav @ Shakti Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32140 of 2020 Arising Out of PS. Case No.-91 Year-2018 Thana- PIPRA District- East Champaran ====================================================== SHAKTI YADAV @ SHAKTI KUMAR Son of Laddu Yadav Resident of Village - Jurabganj, P.S. - Kodha, District - Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar No 7, Advocate For the Opposite Party/s :
Mr. Syed Mujibur Rahman, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-12-2020 Heard learned counsel for the petitioner and learned APP for the State through video conference. Learned counsel for the petitioner undertakes that all defects pointed out by the stamp reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately upon resumption of normal physical functioning of the Court, and in any event within one month thereof.
2. The petitioner is in custody since 17.03.2020 in connection with N.D.P.S. Case No. 56 of 2019 arising out of Pipra P.S.Case No. 91 of 2018 for the alleged offences under Sections 413/414 of the Indian Penal Code and Sections 20/22/23/24/27/29 of the N.D.P.S. Act.
Patna High Court CR. MISC. No.32140 of 2020(3) dt.18-12-2020 2/3
3. It is submitted that the petitioner has been falsely implicated in connection with recovery of 500 gm of charas. The petitioner's name has transpired on the extra-judicial confessional statement of co-accused Tinku Kumar from whose possession the recovery of 500 gm of charas has been made, and who has since been granted bail by this Court. So also, other co-accused Deepu @ Deep Gauwala, Sikandar Yadav and Kabir Kumar have been granted bail by this Court. The petitioner was not apprehended at the spot and no recovery of incriminating articles has been made from him.
4. Learned APP appears and has been heard.
5. Be that as it may and having regard to the period of custody already suffered since 17.03.2020, 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 7th Additional Sessions Judge, Motihari, East Champaran in connection with N.D.P.S. Case No.56 of 2019 arising out of Pipra P.S. Case No. 91 of 2018, if he is not otherwise required in any other case.
6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1
Patna High Court CR. MISC. No.32140 of 2020(3) dt.18-12-2020 3/3 hereinabove, failing which the matter shall be brought to the notice of this Court.
(Vikash Jain, J) HR/- U T