Sadre Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42621 of 2019 Arising Out of PS. Case No.-53 Year-2019 Thana- RAMNAGAR District- West Champaran ====================================================== Sadre Alam Son of Nur Miyan, Resident of Village- Daraul, P.S.- Matiyariya, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aditya Nath Jha For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-07-2019 Heard both sides.

The petitioner apprehends his arrest in Ramnagar P.S. Case No.53 of 2019 registered under Sections 20B and 22A of the NDPS Act.

The informant disclosed that he got information about carrying of ganja by four persons and on such, the informant and other police official reached at Banjariya canal to verify the information. The informant saw four persons. Out of four persons, two persons were carrying bags in their hands but all the four persons started fleeing away seeing the police. Two persons, who were carrying bags in their hands, were apprehended on chase and on search, 4.750 kg and 5 kg ganja was recovered from two accused persons apprehended with

Patna High Court CR. MISC. No.42621 of 2019(2) dt.10-07-2019 2/3 bags. The apprehended persons disclosed that the petitioner managed to flee away.

Learned counsel for the petitioner submits that the petitioner was not carrying anything in his hand. The petitioner was accompanying other persons but there is no material to show that the petitioner had any manner with other accused persons, who were carrying ganja. It is further submitted that the petitioner was not aware that the apprehended accused persons were carrying ganja in their hands. The petitioner has got no criminal antecedent.

Having considered the facts that according to the F.I.R. itself, the informant disclosed that two persons, who managed to flee away, were not carrying anything in their hands and the fact that the persons, who were carrying bags, were apprehended, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, West Champaran at Bettiah in connection with Ramnagar P.S. Case No.53 of 2019, subject to the conditions as

Patna High Court CR. MISC. No.42621 of 2019(2) dt.10-07-2019 3/3 laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T