Munna Kumar Das @ Krishna Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16136 of 2015 Arising Out of PS.Case No. -247 Year- 2014 Thana -RAXAUL District- EAST CHAMPARAN (MOTIHARI) ====================================================== Munna Kumar Das @ Krishna Das son of Rup Narayan Das Resident of Village Amar Patti Virganj, District Parsa (Nepal). .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Bijendra Kumar, Advocate For the Opposite Party : Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-06-2015 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Raxaul P.S. Case No.247 of 2014 for the offence instituted under Sections 20, 22, 23, and 24 of the Narcotic Drugs & Psychotropic Substances Act. The prosecution story, in brief, is that on 24.09.2014 at about 17.30 hours, the informant received confidential information about transit of narcotic substance by a person after forming a raiding team near Nahar Chowk Petrol Pump Raxaul. One person was intercepted who disclosed his name as Anil Das and after search in presence of two independent witnesses, 6 packets of Charas weighing 300 gram was recovered from the bag hanging over the cycle by the accused followed with seizure list. He confessed that Chhote Lal Thakur handed over Charas for delivery to Sanjay Kumar against which Chhote Lal Thakur has given Rs.2000/-and the informant asked to
Patna High Court Cr.Misc. No.16136 of 2015 (2) dt.09-06-2015 2/2 Anil Das to call Sanjay Kumar for delivery of Charas where Sanjay Kumar reached and all the accused persons were taken to the police station.
It has been submitted on behalf of the petitioner that whatever the allegation is, that is against Anil Das, who was to make delivery of Charas to one Sanjay Kumar. As far as the petitioner is concerned, it has been stated that at the time of delivery of Charas which was being made to the co-accused Sanjay Kumar, petitioner was also present there. Admittedly, no recovery of any contraband substance has been made from his conscious possession. It has further been submitted that the petitioner has got no criminal antecedent and he is in custody since 25.09.2014.
On behalf of the State it has been submitted that the petitioner is named in the first information report. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned 3rd Additional Sessions Judge-cum-Special Judge, Motihari in connection with Raxaul P.S. Case no. 247 of 2014, N.D.P.S. Case no. 67 of 2014. (Sudhir Singh, J) B.T/- U T