Thorilal v. Union Of India Through Inspector General, S.S.B., Frontier Head Quarters, Patna And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44480 of 2017 Arising Out of PS.Case No. -116 Year- 2017 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Thorilal, Son of Sri Fatehlal Verma Resident of Village-Purani Bazar, Narkatiaganj, P.S.-Shikarpur, District-West Champaran .... .... Petitioner

Versus

1. Union of India through Inspector General, S.S.b., Frontier Head Quarters, Patna

2. The State of Bihar .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Union of India : Mr. Anjani Kr. Sharan (A.S.G.) Mr. Manoj Kr. Singh (C.G.C.) For the Opposite Parties : Mr. Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-10-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Shikarpur P.S. Case No. 116 of 2017, registered for the offences punishable under Sections 20, 22 of the Narcotic Drugs & Psychotropic Substances Act 1985, (N.D.P.S. Act) Allegedly, Bittu Kuamr was apprehended and from his possession brown sugar 01 gram & 600 milligrams was seized and accordingly seizure list was prepared. Bittu Kumar disclosed that Jiterndra used to bring brown sugar from Gorakhpur and he was delivered to the petitioner, who used to prepare small pudia

Patna High Court Cr.Misc. No.44480 of 2017 (2) dt.06-10-2017 2/2 thereof and handed over to the petitioner for selling the same. Submission is of false implication and that besides confessional statement of co-accused there is no other material against the petitioner, he has got no criminal antecedent, without any tangible material he is apprehending his arrest. Bittu Kumar has already been allowed bail and, as such, the petitioner deserves sympathetic consideration.

The learned C.G.C. opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, considering that Bittu Kumar has already been allowed regular bail and, as such, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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 learned Sessions Judge, West Champaran at Bettiah, in connection with Shikarpur P.S. Case No. 116 of 2017, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T