Sanjay Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48557 of 2017 Arising Out of PS.Case No. -254 Year- 2016 Thana -NOKHA District- SASARAM (ROHTAS) ======================================================

1. Sanjay Bharti Son of Bhairev Bharti, R/o Village- Mahapur, P.S.- Nokha, District- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vipin Kumar For the Opposite Party/s : Mr. Sri Murlidhar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 16.03.2017 in connection with a case registered for the offences punishable under Sections 8 (C ), 20(B), 22, 27(A), 29 of the NDPS Act. Learned Senior Counsel for the petitioner submits that the alleged recoveries were made from the house of Manki Kunwar and not from the petitioner. It is only on the statement made by the Manki Kunwar that the petitioner's name has been cropped up.

In view of the fact that no recovery was made from the conscious possession of the petitioner and his name has surfaced only on the statement made by a co-accused which has no

Patna High Court Cr.Misc. No.48557 of 2017 (2) dt.17-10-2017 2/2 evidentiary value, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Rohtas at Sasaram, in connection with Nokha P.S. Case No. 254/2016.

(Anjana Mishra, J) Saif/- U T