Nandan Sah And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31539 of 2016 Arising Out of PS.Case No. -93 Year- 2015 Thana -RAMGARHWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Nandan Sah
2. Umesh Sah @ Umesh Kumar Both sons of Kapildeo Sah, residents of village- Bara Pareuwa, P.S.- Haraiya, District- East Champaran.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 11-11-2016 Heard Sri Umesh Chandra Verma, learned counsel for the petitioners and learned Additional Public Prosecutor. Two petitioners who are apprehending their arrest in Ramgarhwa P.S. Case No. 93 of 2015 registered for the offence under Section 20/ 21/ 22/ 23/ 27(A)/ 29 of the Narcotic Drugs And Psychotropic Substances Act, 1985 has prayed for grant of anticipatory bail primarily on the ground that petitioners have been named in the subsequent confessional statement of the accused who were arrested. He submits that confessional statement of an accused has got no evidentiary value and as such petitioners are entitled to be extended the privilege of anticipatory bail, whereas learned Additional Public Prosecutor opposing the prayer submits
Patna High Court Cr.Misc. No.31539 of 2016 (3) dt.11-11-2016 2/2 that during investigation material has come that at least the accused persons who were arrested were indulged in trafficking of narcotic and psychotropic substances and quantity which was commercial in nature was recovered from their possession and during investigation petitioners' name has come. Keeping in view the nature of accusation as well as limitation as imposed under Section 37 of the Narcotic Drugs And Psychotropic Substances Act, the Court is not inclined to extend the privilege of anticipatory bail. The petition stands dismissed.
(Rakesh Kumar, J) Praful/- U T