Awadhesh Chaudhary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25460 of 2018 Arising Out of PS.Case No. -456 Year- 2017 Thana -SIKARPUR District- WEST CHAMPARAN (BETTIAH) ===================================== Awadhesh Chaudhary, S/o Fulena Chaudhary, R/o Vill.- Sigdithuti, P.S.- Ramnagar, District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Union of India through Inspector General Sashastra Seema Bal, Patna.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kr. Pandey, Adv. For the Opposite Party/s : Mr. Ramchandra Sahani, APP ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-05-2018 The petitioner seeks bail in connection with Shikarpur P.S. Case No. 456 of 2017, dated 03.11.2017, instituted for the offences punishable under Sections 20, 22 and 23 N.D.P.S. Act, 1985.

The petitioner was found to be in possession of 14 kgs. of Ganja, kept in a plastic packet and concealed in the dickey of a motorcycle.

Learned counsel for the petitioner has submitted that the petitioner was arrested on chase on a mistaken

Patna High Court Cr.Misc. No.25460 of 2018 (3) dt.17-05-2018 2/2 identity. The person who was driving the motorcycle, for reasons unknown to the petitioner, was shielded by the police officer conducting the raid. The motorcycle from which the narcotics is said to have been recovered does not belong to the petitioner. It has further been submitted that the recovery is not of any commercial quantity but of an intermediate quantity.

The petitioner does not have any criminal antecedent and is in custody since 04.11.2017. Considering the aforesaid facts, the petitioner, abovenamed, is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 456 of 2017. (Ashutosh Kumar, J) Praveen-II/- U T