Jitendra Sah v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32955 of 2018 Arising Out of PS.Case No. -102 Year- 2017 Thana -INARWA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Jitendra Sah, S/o Shivji Sah, R/o Vill.- Khamiha, P.S.- Inarwa, DistrictWest Champaran. .... .... Petitioner
Versus
1. The State of Bihar.
2. The Union of India through Inspector General of Sashastra Seema Bal, Patna.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Bimlesh Kumar Pandey, Advocate. For the State : Mrs. Gulnar Begum, A.P.P. For the O.P. No. 2 : Mr. Manoj Kumar Singh, CGC. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner, learned counsel for the Union of India and the learned counsel appearing on behalf of the State.
The petitioner is in custody since 06.03.2018 in connection with Inarwa P.S. Case No. 102 of 2017 registered for the offence under Sections 20, 22, 23 and 24 of Narcotics Drugs and Psychotropic Substance Act, 1985.
Learned counsel for the petitioner submits that the alleged recovery was made from abandoned motorcycle, owner of which ran way. It is further submitted that though the informant was not at all known to the petitioner yet he has named the
Patna High Court Cr.Misc. No.32955 of 2018 (3) dt.29-06-2018 2/2 present petitioner which is highly improbable. He submits that save and except this identification by the informant, there is no other positive material to connect the petitioner in the present case and admittedly the recovery was not made from his conscious possession.
Having taken into consideration all facts and circumstances of the case, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Bettiah, West Champaran, in connection with Inarwa P.S. Case No. 102 of 2017. .
U.K./- (Anjana Mishra, J) U T