High Court Patna High Court - Orders

Ramesh Kumar Sah @ Ramesh Sah vs The State Of Bihar on 15 September, 2011

Patna High Court – Orders
Ramesh Kumar Sah @ Ramesh Sah vs The State Of Bihar on 15 September, 2011
                            IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.20933 of 2011

                    Ramesh Kumar Sah @ Ramesh Sah, Son of Arjun Prasad Sah, Resident of
                    Mohalla Quilaghat Road Sarai, P.S. + Distt. Bhagalpur.
                                                                              ---------- Petitioner
                                                      Versus
                    The State Of Bihar
                                                                       -------- Opposite Party
                                                  ----------------

03/- 15.09.2011 Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State, who is armed with

carbon copy of the case diary up to paragraph nos. 58 dated

13.05.2011.

The petitioner apprehends his arrest in connection

with a case registered for the offence punishable under Sections

20, 22 of N.D.P.S. Act, is one of the named accused in this case,

but only on disclosure by two apprehended accused persons as the

person for whom they were bringing Ganja.

Submission is that petitioner has no concerned with

the co-accused or the articles and no material during investigation

has yet come to connect the petitioner with the above crime.

Learned Additional Public Prosecutor, in spite of being armed

with case diary, failed to produce any material connecting the

petitioner with the above crime except extra judicial confession of

apprehended accused. Petitioner also has no criminal antecedent,

as submitted. If it is so, in the event of his arrest/surrender before

the court below within four weeks, let the above named petitioner

be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten

thousand only) with two sureties of the like amount each to the
satisfaction of learned Sessions Judge, Bhagalpur, in connection

with Kotwali (Tatarpur) P.S. Case No. 703 of 2010, subject to

condition laid down under Section 438(2) of the Criminal

Procedure Code with additional condition to remain physically

present before the court below on each and every date at least for

three years or till disposal of the case, whichever is earlier, in case

of failure on two consecutive dates, without giving any reasonable

explanation, the liberty granted shall be deemed to be cancelled.

Praveen/-                            ( Akhilesh Chandra, J.)