Pramod Prasad @ Pramod Kumar Sah And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.43857 of 2018 (2) dt.01-08-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43857 of 2018 Arising Out of PS.Case No. -44 Year- 2018 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ======================================================
1. Pramod Prasad @ Pramod Kumar Sah Son of Ganesh Prasad Residence of Village - Gayatri Nagar, Ward No. 06, P.S. - Pakri Dayal, District - East Champaran.
2. Uma Shankar Sah @ Uma Shankar Pd. Son of Banarsi Sah Residence of At - Ward No. -4, P.S. - Pakri Dayal, Dist - East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shakti Suman Kumar For the Opposite Party/s : Mr. Smt. Pronati Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 01-08-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are in custody since 18.03.2018 in connection with Bhagwanpur P.S. Case No. 44 of 2018 for the offence registered under Sections 8/20 (b) (ii) B of the Narcotic Drugs and Psychotropic Substances Act, 1985.
Learned counsel for the petitioners submits that in a bus namely, Jai Jagdish Shivdulari the police conducted a raid and from the bags of Alok Kumar and Ajay Kumar 4 Kg. Ganja each were recovered. It is further submitted that the said accused persons, namely, Alok Kumar and Ajay Kumar informed the
Patna High Court Cr.Misc. No.43857 of 2018 (2) dt.01-08-2018 raiding party that the said ganja had been handed over to them by Vinod Paswan and Dinesh Paswan to be delivered to petitioner no. 1, Pramod Prasad @ Pramod Kumar son of Ganesh Prasad and petitioner no. 2, Uma Shankar Sah @ Uma Shankar Prasad son of Banarasi Sah. It is further submitted that the alleged recovery was not from the conscious possession of the petitioners and they have nothing to do with the said transaction of Ganja and have been falsely named by the apprehended persons out of mischief and prior enmity with the accused persons, namely, Alok Kumar and Ajay Kumar, who are recipients of the same Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Vaishali in connection with Bhagwanpur P.S. Case No. 44 of 2018.
(Anjana Mishra, J) Jagdish/- U T