Tejan Yadav @ Tabahi Singh @ Bikash Bihari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8165 of 2016 Arising Out of PS.Case No. -33 Year- 2014 Thana -KHAGARIA GRP CASE District- KHAGARIA ====================================================== Tejan Yadav @ Tabahi Singh @ Bikash Bihari, son of late Ramjit Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok, Advocate For the Opposite Party/s : Mr. Nand Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-02-2016 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 10.12.2015 in a case registered for the offences punishable under sections 8/20/22 of The Narcotic Drugs and Psychotropic Substances Act, 1985.

On secret information that 'ganja' is being transported though train then Train No.15646( Dadar Gawhati Express) was raided when four bags kept on upper berth of Coach No.S3 were seized. In the meantime, one person tried to escape, but was apprehended, who disclosed his name as Ajay Kumar. Forty k.gs. 'ganja' containing in four bags, ten k.gs. in each bag, were recovered and the apprehended accused admitted that the alleged 'ganja' belong to him. The FIR was lodged against coaccused Ajay Kumar and during investigation he named the

Patna High Court Cr.Misc. No.8165 of 2016 (2) dt.18-02-2016 2/2 petitioner in his confession.

It is submitted by learned counsel for the petitioner that except the confession of the co-accused nothing has been collected against the petitioner by the investigating agency and coaccused Ajay Kumar has been granted bail by a co-ordinate Bench of this Court vide Criminal Miscellaneous No.34990/2015 in view of the fact that the recovery was made from the berth of the train. It is submitted by learned APP for the State that the petitioner is accused in two other cases and one of the case is under the Narcotic Drugs and Psychotropic Substances Act. Learned counsel for the petitioner further submits that the petitioner is on bail in both the cases.

Considering the fact that actual recovery has not been made from the petitioner and the name of the petitioner sprang up on the confession of co-accused, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judgecum-Special Judge, Khagaria in connection with Special Case No.10A/2014 arising out of Khagaria Rail P.S. Case No.33/2014.