Surendra Rai @ Surendra Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21325 of 2021 Arising Out of PS. Case No.-169 Year-2020 Thana- MAJORGANJ District- Sitamarhi ====================================================== Surendra Rai @ Surendra Patel Son Of Gajendra Rai Resident Of VillageBaslbitta, P.S.- Mejorganj, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hans Lal Kumar, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-11-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Mejorganj P.S. Case No. 169 of 2020 instituted for the offences under Sections 8 and 20(b)(ii)(B) of the N.D.P.S. Act. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and from bare perusal of the allegation as alleged in the F.I.R. it would manifest that the informant has alleged that one person was arrested from whose possession 2 kg ganza was recovered and he disclosed his name as Raghunath Sah and on interrogation he disclosed that he was going to deliver the said 2 kg ganza to Surendra Patel (petitioner).

Learned counsel for the petitioners submits that it is

Patna High Court CR. MISC. No.21325 of 2021(2) dt.16-11-2021 2/2 not the case of prosecution that it was the petitioner who was apprehended with ganza rather his name transpired on the confessional statement of Raghunath Sah who disclosed that he was going to deliver the ganza to Surendra Patel. It is further submitted that the petitioner is in custody since 03.11.2020 and charge-sheet has been submitted in the case.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 03.11.2020, ganza was not recovered from the possession of the petitioner, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing of bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge, Sitamarhi in connection with Mejorganj P.S. Case No. 169 of 2020 subject to the condition as laid down under Section 437 (3) Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T