Patna High CourtCR. MISC./35724/2017bail granted

Manoj Kumar v. State Of Bihar And ANR

2017-08-16Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35724 of 2017 Arising Out of PS.Case No. -10 Year- 2017 Thana -ECONOMIC OFFENCES, BIHAR DistrictPATNA ====================================================== Manoj Kumar Son of Late Ram Babu Rai, R/o Village- Makhdumpur, Gate No. 88, P.S.- Digha, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Economic Offence Unit, Bihar, Patna.

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

For the Petitioner/s : Mr. Parwej Khan For the Opposite Party/s : Smt. Anita Kumari,A.P.P. For the E.O.U. : Shri Akhileshwar Pd. Singh, Sr.Advocate. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-08-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State assisted by the learned Senior counsel appearing on behalf of the E.O.U.. The petitioner is apprehending his arrest in Economic Offence P.S. Case No.10 of 2017 (Spl.N.D.P.S.) for the offence under Sections 8/20(b)(ii) (A), 25/29 of N.D.P.S.Act. The counsel for the petitioner submits that one Vicky Kumar is said to have been arrested in connection with the sale of Puriya of ganja from the gumti situated near St. Xaviers College Digha P.S. The confessional statement of said Vicky Kumar reveals that source of the said stock of ganja was from none other than this petitioner.

Patna High Court Cr.Misc. No.35724 of 2017 (2) dt.16-08-2017 2/2 In view of the fact that the petitioner's name has surfaced on the basis of the confessional statement made before the police by the said Vicky Kumar which has no evidentiary value and that there is no recovery from the possession of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Sessions Judge/Special Judge, Patna, in Special Case No.81 of 2017 arising out of Economic Offence P.S. Case No.10 of 2017, subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Anjana Mishra, J) AnilKrSinha/- U T