Sujeet @ Sujeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18363 of 2018 Arising Out of PS.Case No. -373 Year- 2017 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sujeet @ Sujeet Kumar, Son of Asarfi Sah, Resident of VillageKargahiya, P.S.-Bettiah Muffasil, District-West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Bettiah Town P.S. Case No. 373 of 2017 registered under Section 401 of the Indian Penal Code Section 20, 22, 23, 24, 27-A and 29 of the Narcotic Drugs and Psychotropic Substances Act.

On the tipoff that five accused persons have congregated in Ramana field to commit some occurrence, police arrived there and apprehended two accused Laddan Sah @ Laddu Sah and Mukesh Ram while three other managed to escape. The apprehended accused persons disclosed the name of the petitioner as one of their fleeing accomplice and from each of the

Patna High Court Cr.Misc. No.18363 of 2018 (04) dt.17-05-2018 - 2 - apprehended accused 200 gm. of charas was recovered. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has been falsely implicated in this by the apprehended accused persons. He was neither apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring the confessional statement made by the apprehended accused persons which has no evidentiary value in the eye of law. The petitioner has been languishing in custody since 30.10.2017.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1stAdditional Sessions Judge-cum-Special Judge, West Champaran at Bettiah in connection with Bettiah Town P.S. Case No.373 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T