Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11899 of 2021 Arising Out of PS. Case No.-156 Year-2020 Thana- AIRPORT District- Patna ====================================================== RAKESH KUMAR S/O SRI ARJUN PRASAD R/V-UFFARPUR, NEAR AT RENTED HOUSE AT PHULWARI GUMTI, P.S.-PHULWARISHARIF, DISTRICT-PATNA.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar Sinha, Adv.
For the Opposite Party/s :
Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-09-2021 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 8(c), 21(g) and 29 of the N.D.P.S. Act.
As per the prosecution case, on a raid being conducted pursuant to secret information having been received, six accused persons including the petitioner herein were arrested and a total of 2.45 gms of brown sugar was recovered in 35 purias.
It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the possession of the petitioner who has been falsely implicated in the case. He has no criminal antecedent and is in custody since
Patna High Court CR. MISC. No.11899 of 2021(4) dt.28-09-2021 2/2 25.9.2020.
The application for bail is opposed by learned A.P.P. for the State.
A report was called for from the Senior Superintendent of Police with respect to antecedent of the petitioner. As per the report received, the petitioner has no criminal antecedent.
Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for over 1 year and not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Special Case no.143 of 2020 (arising out of Hawai Adda P.S. Case no.156 of 2020) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge IX, Patna. (Partha Sarthy, J) Saurabh/- U T