IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.32369 of 2010
Vishwajeet Kumar, son of Dayanand Lal
Versus
STATE OF BIHAR
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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/-