Vinod Kumar @ Vinod Mangraita @ Vinod Kumar Mangardaita v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31954 of 2018 Arising Out of P.S.Case No. -41 Year- 2017 Thana -RATANPURA District- SUPAUL ======================================================
1. Vinod Kumar @ Vinod Mangraita @ Vinod Kumar Mangardaita Son of Bishundeo Mangraita resident of Purani Bazar, Police Station - Bhaptiyahi, District - Supaul.
.... .... Petitioner/s
Versus
1. The Union of India.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun, Advocate For Union of India : Mr. Anjali Kumar Sharan, A.S.G. For the Opposite Party/s : Mr. Manoj Kumar Singh. C.G.C. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-06-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner seeks pre-arrest in connection with Special Case No.14 of 2017 arising out of Ratanpura P.S. Case No.41 of 2017 for the offence registered under Section 20B/22 of N.D.P.S. Act.
On recovery of 50 packets each containing 2 kg Ganja concealed in grass near the boundary of Nepal, Ratanpura, P.S. Case No.41 of 2017 was instituted on 05.09.2017 for the offence under Section 20(B)/22 of N.D.P.S. Act on the basis of written report of Kuldeep Tiwari, Assistant Commandant, S.S.B. 45 B against unknown.
Patna High Court Cr.Misc. No.31954 of 2018 (2) dt.13-06-2018 2/2 Learned counsel appearing on behalf of the petitioner submits that, petitioner is not named in the F.I.R. but in course of investigation, the name of the petitioner has come in the confessional statement of the co-accused Ranjeet Kumar having hand in keeping the seized Ganja at the place of occurrence. Some witnesses in paragraphs 46 and 47 also raised suspicion about hand of the petitioner in keeping the seized Ganja concealing in the grass. Further submission is that after investigation police submitted final form before the Magistrate, but deferring with the final form, learned Magistrate took cognizance in the aforesaid case. Petitioner has got no criminal antecedent.
Having considered the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Saupaul, in Special Case No.14 of 2017 arising out of Ratanpura P.S. Case No.41 of 2017 subject to the condition as laid down under Section 438(2) Cr.P.