High Court Patna High Court - Orders

Vishwajeet Kumar vs State Of Bihar on 3 December, 2010

Patna High Court – Orders
Vishwajeet Kumar vs State Of Bihar on 3 December, 2010
            IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Cr.Misc. No.32369 of 2010
                  Vishwajeet Kumar, son of Dayanand Lal
                                 Versus
                           STATE OF BIHAR
                                -----------

4/- 03.12.2010 Heard learned counsel for the petitioner as well

as learned P.P. for the State.

Admittedly, thirteen packets of brown sugar

were recovered from the grocery shop of the petitioner.

First Information Report does not disclose the weight of

the aforesaid seized brown sugar. Impugned order of

learned Sessions Judge also does not disclose the above

stated fact.

Furthermore, learned P.P. also could not

succeed to point out the aforesaid fact. Even after perusal

of the Case Diary, it is not clear as to whether any

measurement was done by the Seizing or Investigating

Officer of this Case or not. In absence of aforesaid

measurement, it is very difficult to ascertain as to how

much quantity of brown sugar has been recovered from

possession of the petitioner and in my view, the aforesaid

weakness of prosecution case will go in favour of the

petitioner.

Accordingly, petitioner, namely, Vishwajeet
2

Kumar, is directed to be released on bail on furnishing

bail bonds of Rs. 10,000/ with two sureties of the like

amount each to the satisfaction of learned Sessions

Judge, Nawada in connection with Nawada Town P.S.

Case No. 280 of 2010 ( Special Case No. 03 of 2010).

Let the copy of this order be sent to the

Superintendent of Police, Nawada for needful

(Hemant Kumar Srivastava, J.)
Ashwini/-