Pawan Kumar @ Bablu Kumar v. The State Of Bihar
Patna High Court Cr.Misc. No.10658 of 2017 (2) dt.23-03-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10658 of 2017 Arising Out of PS.Case No. -25 Year- 2017 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Pawan Kumar @ Bablu Kumar son of Shri Suresh Tiwari @ Tungnath Tiwari resident of Village - Shrahawa, P.S. - Shikarpur, District - West Champaran.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Aditya Nath Jha For the Opposite Party/s : Mr. Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner seeks bail in connection with Shikarpur P.S. Case No. 25 of 2017 registered for the offences punishable under Sections 20 and 22 of the Narcotic Drug & Psychotropic Substance Act.
Allegedly, on the basis of disclosure made by the petitioner 15 kilogram Ganja was recovered which was kept beneath the straw in Khalihan and the petitioner disclosed that the said Ganja was kept by him and his father.
Submission is of false implication and that the mandatory provision of N.D.P.S. Act has not been complied with, the petitioner is a student having no criminal antecedent, the prosecution story appears not probable and reliable, nothing has
Patna High Court Cr.Misc. No.10658 of 2017 (2) dt.23-03-2017 been recovered from conscious possession of the petitioner or from his house, the alleged recovery has been shown from open space and as such the petitioner deserves sympathetic consideration.
Learned APP seriously opposes the prayer of bail. In the facts and circumstances stated above, considering the alleged recovery, at this stage, this Court is not inclined to enlarge the petitioner on bail, accordingly, his such prayer stands rejected.
(Jitendra Mohan Sharma, J) avin/- U T