Anil Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61880 of 2018 Arising Out of PS. Case No.-194 Year-2014 Thana- SAHARSA District- Saharsa ====================================================== Anil Yadav, son of Sri Sahdev Prasad Yadav, resident of Mohalla Batraha Ward No.06, PS & District Saharsa.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Diwakar Prasad Singh For the Opposite Party/s :
Mr. Sri Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-10-2018 Heard learned counsel for the parties.
This application for regular bail arises out of Saharsa Sadar P.S. Case No. 194 of 2014 corresponding to Special Case No.04/14 for the offences under Sections 20/22 of NDPS Act. On a tip off, the police is said to have raided the kiosk (gumti), which, admittedly, belongs to the petitioner, leading to recovery of 11⁄2 kilogram of ganza. From the First Information Report, it appears that there is no allegation that the petitioner was present in the said gumti, rather one Basant Kumar was found to be selling ganza, who disclosed that he was carrying business of selling of ganza with the present petitioner and accordingly the petitioner has been arrested. Learned counsel appearing on behalf of the petitioner
Patna High Court Cr.Misc. No.61880 of 2018(2) dt.06-10-2018 2/2 has submitted that his implication is based on the statement of co-accused Basant Kumar and none else.
Considering the quantity of the article recovered and the fact that the petitioner's name has been incorporated in the First Information Report on the basis of averment made by the co-accused, this application is allowed.
Let the petitioner above named 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 the learned Special Judge Excise-cum-Sessions Judge, Saharsa, in Saharsa Sadar P.S. Case No. 194 of 2014 corresponding to Special Case No.04/14.
(Chakradhari Sharan Singh, J) Pawan/Ragini U T