Manoj Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52533 of 2016 Arising Out of PS.Case No. -189 Year- 2016 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Manoj Prasad son of late Chandrika Raut, resident of village-Siwan, TolaHaraiya, P.S. Haraiya, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar,

2. The Union of India through the N.D.P.S. Department .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anuj Kumar, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh, APP Ms. Shail Kumari, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-02-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is languishing in custody for the offences punishable under Sections 20/22/23/24 of the N.D.P.S. Act.

The F.I.R. reveals that co-accused Umesh Sah picked up a bag from the field side and got lift from the motorcycle rider. In the meantime, police came and from his possession 6.2 grams of Charas was recovered, which was kept in that bag.

Submission of the petitioner is that the petitioner was driver of the said motorcycle and from the F.I.R. it is clear that the petitioner had given lift to the pillion rider from whose

Patna High Court Cr.Misc. No.52533 of 2016 (3) dt.21-02-2017 2/2 possession recovery was made. The petitioner has stated on oath that he has got no criminal antecedent.

Considering the facts and circumstances, let petitioner, above named, be enlarged 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 Chief Judicial Magistrate, East Champaran at Motihari/Successor Court, in connection with Raxaul P.S. Case No. 189 of 2016. (Birendra Kumar, J) Mkr./- U T