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Patna High CourtCR. MISC./49194/2018dismissed

Chhotu Ram @ Rajesh Ram @ Chhotu v. The State Of Bihar

2018-08-29Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49194 of 2018 Arising Out of PS. Case No.-511 Year-2017 Thana- BETTIAH CITY District- West Champaran ====================================================== Chhotu Ram @ Rajesh Ram @ Chhotu Son of Sri Baidyanath Ram, resident of Village- Brindaban Ashram, P.S. Chanpatia, District - West Champaran. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma, Adv.

For the Opposite Party/s :

Mr. Bhanu Pratap Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 29-08-2018 Heard Sri Umesh Chandra Verma, learned counsel for the petitioner and Sri Bhanu Pratap Singh, learned Addl. Public Prosecutor.

The sole petitioner, who is in custody in Bettiah Town P.S. Case No. 511 of 2017, registered for offence under Sections 20/22/23/24/25/29 of the Narcotic Drugs and Psychotropic Substances Act, has prayed for grant of bail. Learned counsel for the petitioner submits that the petitioner in the present case has been made accused on the basis of confession/ disclosure made by co-accused, namely, Gyan Kumar @ Gyan Sah. He submits that save and except confessional statement of co-accused, there is no other material to connect the petitioner in the present case.

Patna High Court Cr.Misc. No.49194 of 2018(3) dt.29-08-2018 2/2 Fact remains that the petitioner is also accused in one another case, namely, Balthar P.S. Case No. 52 of 2017 registered for offence under Section 396 of the Indian Penal Code and Section 27 of the Arms Act. It has come that petitioner was one of the members of a gang, which was indulged in carrying Charas from Nepal. It has also come that the petitioner was made accused in a case relating to dacoity with murder. In this case, from the house of the co-accused, on his disclosure the petitioner's name has come, 1 kg. of Charas was recovered. Considering the nature of accusation and antecedent of the petitioner, there is no reason to extend the privilege for grant of bail. The petition stands dismissed. (Rakesh Kumar, J.) nawalkrs/- U T