Navin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3255 of 2017 Arising Out of PS.Case No. -104 Year- 2016 Thana -KURSELA District- KATIHAR ====================================================== Navin Kumar, S/o Sikendar Bhagat @ Nityanand Nirala, resident of Village - Arajpur, Western Chansuri Tola, P.S. - Chausa, District - Madhepura. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Yadav For the Opposite Party/s : Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Kursela P.S. Case No. 104 of 2016, registered under Section 20 and 22 of the NDPS Act.

The accusation is that in course of patrolling duty two motorcycles were seen in front of fush hut of Roky Jaishwal situated near 400 meter ahead to Balthi Mahesh Chowk, when the Police reached there then three persons were seen fleeing, but on chase one person was apprehended, who disclosed his name as Navin Kumar (Petitioner), who also disclosed the name of his associates, namely, Manish Kumar and Chhotu Kumar. The apprehended person further disclosed that 520 Kilo and 100

Patna High Court Cr.Misc. No.3255 of 2017 (3) dt.01-03-2017 2/2 gram Ganja is kept in hut.

Learned counsel for the petitioner submits that, in fact, the petitioner was going to his village boarding on his motorcycle bearing Reg. No. BR-43F-7950 and he was apprehended by the Police in the way mere on suspicion and implicated in the present case. Further submission is that it would appear from the seizure-list that the alleged 20 packet of Ganja were said to be recovered from the hut of Roky Jaiswal and not to the motorcycle of the petitioner. Further submission is that petitioner has no criminal antecedent is in custody since 06.08.2016.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar in connection with Kursela P.S. Case No. 104 of 2016 (G.R. No. 2641 of 2016).

(Rajendra Kumar Mishra, J) manish/- U T