Ashok Singh Nishad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33382 of 2018 Arising Out of PS. Case No.-17 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Ashok Singh Nishad, S/o Dinesh Singh Nishad, R/o Vill.- Ghumra Diyara, P.S.- Maranchi, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union of India.

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

For the Petitioner/s :

Mr. Arvind Kumar Mouar, Advocate For the Union of India :

Mr. Manoj Kumar Singh, C.G.C.

For the Opposite Party/s :

Mr. Akshay Lal Pandit, |APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 8(c), 20(b)(ii)(c) of the N.D.P.S. Act. From a truck 300 kgs of ganza was recovered. The driver disclosed that the same was to be supplied to the person whose mobile number was provided to him. The driver called the said person on the said mobile, thereafter, fiver persons reached there and all the five persons were arrested by the police including the petitioner. Petitioner stated before the police that co-accused Raja Ram Mahto called him on telephone that ganza has come on a truck and if we all will go to receive the same, we will get a good income.

Learned counsel for the petitioner submits that only on

Patna High Court CR. MISC. No.33382 of 2018(8) dt.08-05-2019 2/2 suspicion, the petitioner has been implicated in this case. Petitioner has got no criminal antecedent. He is in custody since 16.09.2017. Learned counsel for the Union of India opposed the prayer for bail on the basis of confessional statement of coaccused as well as the petitioner and submits that the said confession is admissible in the eye of law.

Considering the nature of allegation against the petitioner and period already undergone, let the petitioner, above named, be released after framing of the charges on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Special Case No. 136 of 2017 arising out of F. No. NCB/PZU/V/17/2017, with the following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned court-below having immovable property.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Rajan/- U T