Ashraf Sai @ Ambuz @ Ashraf Sain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39573 of 2018 Arising Out of PS.Case No. -511 Year- 2017 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Ashraf Sai @ Ambuz @ Ashraf Sain son of Mahmood Sai resident of Village - Vishambharpur, P.S. Majhaulia, District - West Champaran. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 07-09-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 17.01.2018 in connection with Bettiah Town P.S. Case No. 511 of 2017 for offences punishable under Sections 20/22/23/24/25/29 of the Narcotic Drugs and Psychotropic Substances Act (N.D.P.S. Act).
The prosecution case, as lodged by the police personnel, is that on information that co-accused Gyan Kumar @ Gyan Sah has concealed drugs in his house, he was produced before the Patiyala Court in Delhi and he confessed of having drugs in pursuance to which his house was searched and from the
Patna High Court Cr.Misc. No.39573 of 2018 (4) dt.07-09-2018 2/3 house 1kg of illegal charas was recovered. On his confessional statement, the name of the petitioner and four others came to surface who were involved in dealing with the said seized charas. It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case only on the basis of confessional statement of coaccused. He submits that no contraband item has been found from the possession of the petitioner and the petitioner was not even arrested from the spot. He further submits that two of the persons named by the co-accused Gyan Kumar @ Gyan Sah has been granted the privilege of bail by co-ordinate Benches of this Court in Cr. Misc. No. 19227 of 2018 dated 26.06.2018 and Cr. Misc. No. 23286 of 2018 dated 02.
07.2018. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner. However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not bear clean antecedent.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with
Patna High Court Cr.Misc. No.39573 of 2018 (4) dt.07-09-2018 3/3 two sureties of the like amount each to the satisfaction of learned Sessions Judge, West Champaran, Bettiah, in connection with Bettiah Town P.S. Case No. 511 of 2017.
(Nilu Agrawal, J) Devendra/Priyanka U T