Patna High CourtCR. MISC./30050/2017rejected

Vinay Kumar Pathak v. The State Of Bihar

2017-07-12Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.30050 of 2017 (2) dt.12-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30050 of 2017 Arising Out of PS.Case No. -295 Year- 2016 Thana -UDWANTNAGAR District- BHOJPUR ======================================================

1. Vinay Kumar Pathak Son of Shrinath Pathak, resident of Village- Telpa Nayee Basti, Police Station- Chapra Town, District- Saran (Chapra). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Mr. Sri Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-07-2017 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Udwantnagar P.S. Case No. 295 of 2016 registered for the offences punishable under Sections 20 (B) (ii) (C)/22(c) of the N.D.P.S. Act.

Allegedly, from Tata Indigo vehicle, the petitioner and others were apprehended and from that vehicle 94 kg. 800 gm. Ganja was recovered and seized.

Submission is of false implication and that the petitioner has been made victim of the circumstances, nothing has been recovered from conscious possession of the petitioner, petitioner has got no concerned with the recovered Ganja. The petitioner has

Patna High Court Cr.Misc. No.30050 of 2017 (2) dt.12-07-2017 been implicated in this case with an oblique motive and, as such, he deserves sympathetic consideration.

The learned A.P.P. opposes the prayer of bail. In the facts and circumstances stated above, considering the alleged recovery, I am not inclined to release the petitioner on bail and accordingly, his such prayer stands rejected in connection with Udwantnagar P.S. Case No. 295 of 2016 pending in the Court of learned Additional District & Sessions Judge-3rd, Ara, Distt. Bhojpur.

(Jitendra Mohan Sharma, J) sushma/- U