Bharat Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48966 of 2019 Arising Out of PS. Case No.-263 Year-2018 Thana- DAUDNAGAR District- Aurangabad ====================================================== BHARAT SAH Son of Mahaveer Sah Resident of Village-Vakarwas, Police Station-Tareya Sujan, District-Kushinagar (U.P.). ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

The Union of India (NDPS Act) Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Dhirendra Pratap Singh For the Opposite Party/s :

Mr. Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-01-2020 Petitioner seeks regular bail in connection with G.R. Case No. 3 of 2018 arising out of Daudnagar P. S. Case No. 263 of 2018, registered for the offences punishable under Sections 20 and 22 of the N.D.P.S. Act, 1985.

As per F.I.R. police got an information that an accident of a tractor and on that information he went there and found two persons in injured condition and taken them to the hospital and the secret box kept in the tractor, 74 kg of ganja was recovered. It further appears that petitioner was found in injured condition and later on, confessional statement of the petitioner was recorded.

Submission of the learned counsel for the petitioner is that the confession of the petitioner before the police is of no

Patna High Court CR. MISC. No.48966 of 2019(5) dt.08-01-2020 2/2 value. In spite of framing of charge, no witness has been examined.

Heard learned A.P.P. also.

Having heard both sides, in view of the allegation, as stated above, I am not inclined to grant bail to the petitioner. However, if the trial is not concluded within a period of one year, the petitioner is at liberty to renew his prayer. With the above observations, this application is dismissed.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T