Mahesh Srivastava v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34665 of 2014 Arising Out of PS.Case No. -65 Year- 2012 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Mahesh Srivastava son of Binod Srivastava @ Om Binod Prasad Resident of village Bata Chowk , P.S. . Hariya , O.P .Raxaul District East Champaran .
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Kumar, Advocate For the Opposite Party/s : Mr. Narendra Kumar Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 24-04-2015 Heard learned counsel for the petitioner as well as learned APP.
One Santosh Kumar Gupta was apprehended on account of having been identified as a carrier and from whose possession, 50 grams of brown sugar is said to have been recovered on search. It is also evident that during course of interrogation, the aforesaid Santosh Kumar Gupta had disclosed that this petitioner, Mahesh Srivastava has paid Rs. 2000/- for the aforesaid purpose. It is also evident from the case diary that charge-sheet had already been submitted against Santosh Kumar Gupta while investigation kept pending against the petitioner. From Annexure-2, the order dated 30.01.2013 passed in Cr.Misc.No.37082/2012, it is apparent that report was called for from FSL which was looked into and found that the FSL
Patna High Court Cr.Misc. No.34665 of 2014 (3) dt.24-04-2015 report rules out the seized material to be the brown sugar and on that very basis, Santosh Kumar Gupta was released on bail. Though the charge-sheet had already been submitted, the reason best known to the prosecution, the FSL report which has been called for by the High Court was never acknowledged by the Investigating Officer nor the Investigating Officer cared to have the FSL report received from FSL. Accordingly, petitioner is directed to surrender before the learned lower court with a prayer for bail which the learned lower court will consider the same favourably on account of FSL report keeping in view the prospect of prosecution version. With the aforesaid observation, the instant petition is disposed of.
(Aditya Kumar Trivedi, J) perwez U T