Sri Bhagwan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71570 of 2022 Arising Out of PS. Case No.-79 Year-2022 Thana- SIKRAUL District- Buxar ====================================================== Sri Bhagwan Sah ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satyapal Singh For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 20 /22 of the N.D.P.S. Act.

As per prosecution case, after getting the secret information police party raided at the place of occurrence and arrested co-accused Lalmuni Devi from whose possession one kg ganja like substance was recovered. The apprehended person disclosed the name of the petitioner saying that he was also involved in the alleged business of selling narcotics. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of

Patna High Court CR. MISC. No.71570 of 2022(2) dt.17-03-2023 2/2 confessional statement of the apprehended accused before the police, which has got no evidentiary value in the eye of law. It is also submitted that nothing incriminating articles have been recovered from the conscious possession of this petitioner. It is further submitted that the petitioner is languishing in judicial custody since 23.08.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sikraul P.S. Case No. 79 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-XI, Buxar.

(Sunil Kumar Panwar, J) Manish/- U T