High Court Patna High Court - Orders

Dev Narayan Shukla @ Devanand … vs The State Of Bihar on 16 March, 2011

Patna High Court – Orders
Dev Narayan Shukla @ Devanand … vs The State Of Bihar on 16 March, 2011
                IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr. Misc. No.5395 of 2011
                Dev Narayan Shukla @ Devanand Shukla @ Dev Narayan Sukul, S/o-Late
                Basant Shukla, R/o-Vill.-Soghuwa, P.S.-Kursakanta, District-Araria.
                                                                             -Petitioner.
                                         VERSUS
               The State of Bihar                                           -Opposite Party.
                                          -----------

02 16.03.2011 The petitioner is in custody sicne 03.09.2010 in relation

to Kursakanta P.S. Case No.99 of 2010 instituted under the provisions

of the N.D.P.S. Act giving rise to Special Case No.18 of 2010 pending

before the Special Judge, Araria.

It is alleged that the members of SSB tried to stop a

motorcycle for checking. The motorcycle slow down from which one

person ran and then it managed to escape dropping a bag. The forces

managed to arrest the person and on inspecting the bag it was found to

contain about 5 Kgs. of Ganja with sample packet also.

Learned counsel for the petitioner states that the Ganja

was not recovered from the conscious possession of the petitioner. In

fact, nothing was recovered from him. He further submits that there is

no proof that seized commodity is Ganja as it has to be tested.

Considering the quantity involved, I am not inclined to

interfere in this matter at this stage. The Court would ensure testing of

the seized material and then proceed with the trial while framing

charge in this regards. Once charges are framed, the petitioner would

be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten

Thousand) with two sureties of like amount each to the satisfaction of

the trial Court, subject to the condition that his elder brother, namely,

Jiwa Nand Shukla would be one of the sureties.

     Trivedi/                               (Navaniti Prasad Singh, J.)