Patna High CourtCR. MISC./8529/2024bail granted

Rajesh Kumar Raman v. The State Of Bihar

2024-02-20Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8529 of 2024 Arising Out of PS. Case No.-150 Year-2023 Thana- BHAPTIAHI District- Supaul ====================================================== RAJESH KUMAR RAMAN, S/O- LATE JAGDISH SAH, R/O- VILLAGEBHAPTIYARI (WARD NO.-09) P.S.-BHAPTIYAHI, DISTRICT- SUPAUL. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar Jha, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-02-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with NDPS Case no. 49 of 2023, arising out of Bhaptiyahi P.S. Case no. 150 of 2023 registered under section 22(b) of the NDPS Act.

3. As per the prosecution case, the informant states that while 1197 bottles of Codeine Phosphate and Triprolidine Hydrochloride Syrup was recovered from the tempo in question, the accused persons managed to escape. Amongst the accused, the petitioner was also identified.

4. Learned counsel for the petitioner submits that neither the petitioner was arrested at the spot nor any incriminating article has been recovered form his possession.

Patna High Court CR. MISC. No.8529 of 2024(2) dt.20-02-2024 2/2 The petitioner has no concern either with the vehicle in question or with allegedly seized articles. He is in custody since 15.11.2023 and charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the petitioner not having been arrested at the spot, no incriminating article having been recovered from his possession, the petitioner having remained in custody since 15.11.2023, charge-sheet having been submitted in the case and his not having any criminal antecedent, the petitioner is directed to be enlarged on bail in connection with NDPS Case no.49 of 2023 (arising out of Bhaptiyahi P.S. Case no.150 of 2023) 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 Sessions Judge-cum-Special Judge (NDPS), Supaul.

(Partha Sarthy, J) avinash/- U T