Patna High CourtCR. MISC./58138/2015bail granted

Raj Kumar v. The State Of Bihar

2016-01-11Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58138 of 2015 Arising Out of PS.Case No. -437 Year- 2014 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Raj Kumar, son of Gopal Sah, Resident of Village- Rampurwa, P.S.- Mainatand, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar, Advocate For the Opposite Party/s : Mr. Rajeev Nayan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-01-2016 Heard learned counsel for the petitioner and the State.

Petitioner is languishing in custody since 03.12.2014 in a case registered for the offences punishable under Sections 20, 22, 23, 24 of the Narcotics Drugs and Psychotropic Substances Act.

The prosecution case is that from co-accused Anil Kumar 230 grams of charas were recovered, when he confessed before the police that the contraband was given to him by Deepak Kumar and it was handed over to Ravi Kumar. When Anil Kumar delivered the alleged charas to Ravi Kumar, then other accused including the petitioner was apprehended at the place of delivery.

It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.58138 of 2015 (2) dt.11-01-2016 petitioner that recovery is not from the petitioner and even assuming the accusation no offence under Sections 20, 22, 23, 24 of the Narcotics Drugs and Psychotropic Substances Act is made out against the petitioner. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner, 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 3rd Additional Sessions Judge-cum-Special Judge, Motihari in connection with N.D.P.S. Case No. 83 of 2014, arising out of Sugauli P.S. Case No. 439 of 2014.

(Dinesh Kumar Singh, J) P.K./- U T