Suraj Prasad @ Surja v. The State Of Bihar

Patna High Court Cr.Misc. No.48920 of 2014 (2) dt.30-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48920 of 2014 Arising Out of PS.Case No. -315 Year- 2013 Thana -FATUHA District- PATNA ======================================================

1. Suraj Prasad @ Surja son of Beni Prasad resident of village Kewla Tal, P.S. Fatuhan, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajendra Singh For the Opposite Party/s : Mr. Arvind Kr.Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-04-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection withFatuhan P.S. Case No. 375 of 2013 registered for the offences punishable under Sections 20, 22 of the Narcotic Drugs & Psychotropic Substance Act.

Acting on a tip off, Tuntun Gope @ Langra was caught after chase and on search Charas weighing 500 grams kept in a bag was recovered and he disclosed the name of this petitioner who has managed his good escape. He has further disclosed that Charas was purchased from Nepal for transporting it to Delhi. Submission is of false implication and that disclosure made by co-accused before the Police got no evidentiary value in

Patna High Court Cr.Misc. No.48920 of 2014 (2) dt.30-04-2015 the eye of law and nothing has been recovered from conscious possession of the petitioner, and as such, the petitioner deserves sympathetic consideration to which the learned APP opposes. In the facts and circumstances stated above, considering that name of the petitioner has transpired in the confessional statement of co-accused and besides that, at present, there is nothing against him, the petitioner above named, in case of his surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of 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 VI, Patna in connection with Fatuhan P.S. Case No. 375 of 2013 giving rise to Special Case No. 83 of 2013, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T