Patna High CourtCR. MISC./35997/2018bail granted

Pawan Kumar v. The State Of Bihar

2018-08-06Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35997 of 2018 Arising Out of PS.Case No. -392 Year- 2017 Thana -PATORI District- SAMASTIPUR ======================================================

1. Pawan Kumar, S/o Pramod Sah, Resident of Village- Asharafpur Supaul, P.S.- Patori, Shahpur Patori, District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-08-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Patori P.S. Case No. 392/2017, instituted for the offences punishable under Sections 8, 20(B), 11(B) of the NDPS Act.

In the written report, it is alleged that police during vehicle checking saw a person coming on motorcycle, who fell down from the motorcycle and after getting up fled away in darkness leaving the motorcycle. From the aforesaid motorcycle, 2kg 750gm Ganja was recovered. It is further alleged that the Chaukidar and others have identified the petitioner fleeing away leaving the motorcycle.

Learned counsel for the petitioner has submitted that

Patna High Court Cr.Misc. No.35997 of 2018 (3) dt.06-08-2018 2/2 there is no recovery from conscious possession of this petitioner. The petitioner has clean antecedent. Seizure-list is enclosed with the F.I.R. which shows that the seizure-list has been made on the road. There is no any signature of the petitioner on the seizure-list. Chaukidar and other villagers have named the petitioner in this case.

Considering the aforesaid facts and circumstances of the case, provisional bail earlier granted to the petitioner by a Coordinate Bench of this Court vide order dated 04.07.2018 is hereby confirmed on same terms and conditions as mentioned in aforesaid order.

(Sanjay Priya, J.) Rakhi U T