Patna High CourtCR. MISC./10327/2018rejected

Vinay Kumar Pathak v. The State Of Bihar

2018-02-28Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10327 of 2018 Arising Out of PS.Case No. -295 Year- 2016 Thana -UDWANTNAGAR District- BHOJPUR ====================================================== Vinay Kumar Pathak S/o Shrinath Pathak, R/o Village- Telpa Nayee Basti, P.S.- Chapra Town, District- Saran (Chapra).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arbind Kumar Singh For the Opposite Party/s : Mr. Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-02-2018 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

The petitioner wants to renew his prayer for bail which was earlier rejected vide order dated 12.07.2017 passed in Cr. Misc. No. 30050 of 2017 of 2016, on the ground that the petitioner is suffering in custody since 04.08.2016, he has been made victim of the circumstances, nothing has been recovered from conscious possession of the petitioner, he has got no concern with the recovery of ganja, he has been implicated with oblique motive, the main accused is Suresh Lal and he has been allowed bail and as such the petitioner also deserves sympathetic consideration.

The learned A.P.P. opposes prayer for bail of the

Patna High Court Cr.Misc. No.10327 of 2018 (2) dt.28-02-2018 2/2 petitioner by submitting that from Tata Indigo vehicle 94 kg. and 800 grams ganja was recovered and from that vehicle the petitioner and Rajesh Mahto were apprehended. In the facts and circumstances stated above, finding no good ground for reconsideration of prayer for bail, again prayer for bail of the petitioner stands rejected in connection with N.D.P.S. Case No. 16 of 2016 arising out of Udawantnagar P.S. Case No. 295 of 2016 pending in the court of Additional District & Sessions Judge-VI, Ara, District-Bhojpur. (Jitendra Mohan Sharma, J) Abhay/- U T