Rabindra Nath Sikdar v. The State Of Bihar
Patna High Court Cr.Misc. No.27437 of 2015 (5) dt.07-12-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27437 of 2015 Arising Out of PS.Case No. -69 Year- 2015 Thana -THAKURGANJ District- KISANGANJ ======================================================
1. Rabindra Nath Sikdar Son of Late Upendra Nath Sikdar Resident of Village - Hawdavita, P.S. - Kharibari, District - Darjeeling (West Bengal). .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kumar Sunil For the Opposite Party/s Mr. Dr.M.K.Gautam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05/ 07.12.2015 A sealed bag was received from the Director, Forensic Science Laboratory, Bihar, Patna. The sealed bag was opened in presence of all the parties in which memo. no. 3006 dated 26.11.2015 sent by Director, Forensic Science Laboratory, Bihar, Patna to Assistant Registrar of this court along with photostat copy of FSL no. 888/15 dated 21.7.2015 was found.
Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.
The accusation against the petitioner is that he was caught with Morphine and Heroine. Sample of seized article was sent for chemical examination but the FSL report reveals that no trace of Heroine could be detected in the sample sent for chemical examination.
Taking note of the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on
Patna High Court Cr.Misc. No.27437 of 2015 (5) dt.07-12-2015 furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the learned District & Sessions Judge-cum- Special Judge, Kishanganj in Special case no. 2/2015 arising out of Thakurganj (Galgalia) P.S. Case no. 69/2015 subject to condition that one of the sureties must be local and holder of the landed property.
Office is directed to seal the FSL report again and send it to the concerned court immediately for needful.
Shahid (Hemant Kumar Srivastava,J) U T