Ranjit Kewat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14339 of 2020 Arising Out of PS. Case No.-122 Year-2019 Thana- MEHANDIGANJ District- Patna ====================================================== RANJIT KEWAT Son of Lal Babu Kewat @ Lal Babu Kevat Resident of Village - Ranipur Kali Asthan, Mallah Toli, P.S.- Mehandiganj, DistrictPatna. ... ... Petitioner.
Versus
THE STATE OF BIHAR ... ... Opposite Party.
====================================================== Appearance :
For the Petitioner :
Mr. Vijay Kumar Sinha, Advocate.
For the State :
Mr. Dashrath Mehta, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-10-2020 In view of the submission and undertaking of the learned counsel for the petitioner, at the time of hearing of this application through Video Conferencing, that he would remove the defect(s), as pointed out by the office vide its notes dated 26.02.2020/09.09.2020, within two weeks of starting of the Court proceeding in physical mode, he is permitted to remove the same accordingly.
Heard learned counsel for the petitioner and the learned A.P.P. for the State, through Video Conferencing. The petitioner seeks bail in connection with Mehandiganj P.S. Case No.122 of 2019 registered under Sections 20 and 22 of the NDPS Act.
The accusation is that in course of patrolling duty by
Patna High Court CR. MISC. No.14339 of 2020(3) dt.13-10-2020 2/3 the informant along with other police personnel, on 12.07.2019, at about 05.30 P.M., one person was seen coming with a bag in his hand at Hazari Mohalla. On seeing the police party, that person started to flee away throwing the bag but, on chase, he was apprehended, who disclosed his name as Ranjit Kewat (petitioner). On query, he disclosed that he used to sell, purchase and consume the Ganja. On search of the bag, 1150 Purias, containing Ganja total weighing 3.2 kilograms, were recovered.
Learned counsel appearing on behalf of the petitioner submits that, earlier, the petitioner had filed Criminal Misc. No.77301 of 2019 for grant of bail in connection with the said case but the same was dismissed as withdrawn vide order dated 27.11.2019 passed by the Hon'ble the Chief Justice. Further submission is that it would appear from the F.I.R. and the seizure list that the bag from which the alleged recovery of Ganja is said to be made was not recovered from the conscious possession of the petitioner. In fact, when the petitioner was moving through the road, at that time, the police stopped him and made query to him regarding the said bag containing 1150 Purias of Ganja, total weighing 3.2 kilograms, which was found at some distance. The petitioner has no criminal antecedent and
Patna High Court CR. MISC. No.14339 of 2020(3) dt.13-10-2020 3/3 is in custody since 13.07.2019.
Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-VI, Patna, in connection with Mehandiganj P.S. Case No.122 of 2019. (Rajendra Kumar Mishra, J) P.S./- U T