Patna High CourtCR. MISC./10092/2017bail granted

Balister Sah v. The State Of Bihar

2017-03-09Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10092 of 2017 Arising Out of PS.Case No. -204 Year- 2016 Thana -RAMGARH District- BHABHUA (KAIMUR) ====================================================== Balister Sah Son of late Lal jee Sah, R/o Village Bogadhi, P.S. Ramgarh District Kaimur at Bhabua .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Sri Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-03-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Ramgarh P.S. Case No. 204 of 2016 instituted for the offence under sections 8/20(b)(ii)(B) & 27(A) N.D.P.S. Act.

It is submitted that petitioner is not named in the F.I.R.

It is alleged that 4.200 gms. of Ganja was recovered from the Gumti of co-accused Mohan Sah. The co-accused Mohan Sah has taken name of this petitioner during investigation that petitioner used to supply Ganja.

In the written report, there is specific allegation that 4 kg. 200 gms. Ganja was recovered from the Gumti of Mohan Sah. The petitioner is not named in the written report.

Patna High Court Cr.Misc. No.10092 of 2017 (2) dt.09-03-2017 2/2 The learned Sessions Judge has mentioned in the impugned order that during investigation, the name of this petitioner has come in confessional statement of co-accused. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner named above, within six weeks from today, in connection with Ramgarh P.S Case No.204 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Session Judge-cum-Special Judge, Kaimur at Bhabhua, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Sanjay Priya, J) Ravi/- U T