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Patna High CourtCR. MISC./43879/2014bail granted

Rakesh Singh And ANR. v. The State Of Bihar

2015-03-03Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.43879 of 2014 (3) dt.03-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43879 of 2014 Arising Out of PS.Case No. -169 Year- 2014 Thana -SONEPUR District- SARAN ======================================================

1. Rakesh Singh Son of Prabhu Nath Singh Resident of Village - Manohar Basant, P.S. - Awatar Nagar, Distt. - Saran at Chapra, State - Bihar.

2. Chandan Singh Son of Ghanshyam Singh Resident of Village - Singhiwara, P.S. - Bahadurpur, Distt. - Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.49675 of 2014 Arising Out of PS.Case No. -169 Year- 2014 Thana -SONEPUR District- SARAN ======================================================

1. Dewashish Verma S/o Sita Nath Barman, R/o Chakiyar Sara , P.S. - Matha Bhangh, District Kuch Bihar, West Bengal. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.43879 of 2014) For the Petitioner/s : Mr. Satya Prakash For the Opposite Party/s : Mr. Raj Ballabh Singh(App) (In Cr.Misc. No.49675 of 2014) For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Opposite Party/s : Mr. Dr. Ajit Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 03.03.2015 Both the above stated petitions arise out of Sonepur P.S. Case no. 169/2014 registered under section 414 of the IPC and sections 20(b)/22 of the NDPS Act and accordingly, both the above stated petitions are being disposed of by this common order. Heard learned counsel for the petitioners as well as learned

Patna High Court Cr.Misc. No.43879 of 2014 (3) dt.03-03-2015 Addl. Public Prosecutor for the State.

According to the prosecution case itself, petitioner in Cr. Misc. no.49675/2014 was arrested along with two FIR named accused and 65 kg. ganja kept in several packets were recovered from the vehicle in which the aforesaid persons were found sitting. The aforesaid persons disclosed that they had carried the aforesaid ganja to deliver to petitioner no.1 in Cr. Misc. no.43879/2014. In course of investigation, call details of petitioner no.1 in Cr. Misc. no.43879/2014 and the above stated persons were verified and it was found that petitioner no.1 in Cr. Misc. no.43879/2014 was in constant touch with the aforesaid apprehended persons. Moreover, nothing was recovered from conscious possession of petitioners in Cr. Misc. no.43879/2014.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let petitioners in Cr. Misc. no.43879/2014, namely, Rakesh Singh and Chandan Singh be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Saran at Chapra in NDPS case no. 11/2014 arising out of Sonepur P.S. Case no. 169/2014.

So far as prayer of the petitioner in Cr. Misc. no.49675/2014 is concerned, the same stands rejected. shahid (Hemant Kumar Srivastava,J) U T