Patna High CourtCR. MISC./11203/2019bail granted

Raj Kumar Rai v. The State Of Bihar

2019-05-06Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11203 of 2019 Arising Out of PS. Case No.-605 Year-2017 Thana- PATNA RAIL P.S. District- Patna ====================================================== Raj Kumar Rai Son of Vishwanath Rai, resident of Kachchi Dargarh, P.S.- Fatuha (Nadi Thana), Station Road, Fatuha, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Mishra,Advocate For the Opposite Party/s :

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-05-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 8/20/22/29 of the Narcotics Drugs and Psychotropic Substances Act. The police seized 13 packets from the railway parcel centre at the Patna Junction. The packets were containing Ganja. The sender was Mr. Rohit from Agartalla and the articles were to be received by Mr. Deepak Kumar of Hajipur. The FIR further reveals that the said 13 packets were sent to the addressee but the same was not received by him. Hence, it was under process of return back, at the time of seizure. Submission is that during investigation, no material or

Patna High Court CR. MISC. No.11203 of 2019(3) dt.06-05-2019 2/2 involvement of the petitioner surfaced. The petitioner was arrested only on suspicion based on criminal antecedents. The petitioner was arrested on 12.02.2018 in some other case and remanded in this case on 27.07.2018.

Considering the fact that there is no substantial material against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Special Case No.183 of 2017, arising out of Rail Patna Junction P.S. Case No.605 of 2017, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below having immovable property in his name.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T