Amod Kumar Rai @ Amod Rai @ Amod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8214 of 2017 Arising Out of PS.Case No. -377 Year- 2016 Thana -HAJIPUR SADAR DistrictVAISHALI(HAJIPUR) ====================================================== Amod Kumar Rai @ Amod Rai @ Amod Kumar, son of Pradeep Rai, Resident of village - Saidpur Terasia, P.S. - Ganga Bridge, District - Vaishali.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 07-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Hazipur Sadar P.S. Case No.377 of 2016 registered under Section 414 of the Indian Penal Code besides Sections 8 and 20((B)(ii)C of the N.D.P.S. Act. The accusation is that in course of checking of the vehicles by the police, two vehicles were intercepted. Thereafter, the occupants of the aforesaid vehicles started to flee away but on chase, four persons were apprehended by the police, who disclosed their name as Amod Kumar Rai (petitioner), Manoj Kumar Rai, Rakesh Kumar and Jagdip Rai and on search of the vehicles, 93 kilograms Ganja was recovered. Learned counsel appearing on behalf of the petitioner

Patna High Court Cr.Misc. No.8214 of 2017 (3) dt.07-04-2017 2/2 submits that the petitioner is neither the owner of the vehicles nor the petitioner was apprehended by the police from the vehicles rather the petitioner has been apprehended by the police at some distance in an injured condition. In fact, at that time, the petitioner met with an accident and, on mere suspicion, he was apprehended by the police. The petitioner having no criminal antecedent is in custody since 07.10.2016. Further submission is that the similarly situated coaccused Jagdip Rai has already been granted bail by a Bench of this Court vide order dated 18.03.2017 passed in Criminal Misc. No.8608 of 2017.

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 1st Additional Sessions Judge-cum-Special Judge, N.D.P.S., Vaishali at Hajipur, in connection with Hazipur Sadar P.S. Case No.377 of 2016. Out of the two sureties, one must be close relative of the petitioner, who will file an affidavit giving genealogy as to how he/she is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner. (Rajendra Kumar Mishra, J) P.S./- U T