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.)