Patna High CourtCR. MISC./20338/2017bail granted

Raj Kumar Patel v. State Of Bihar And ANR

2017-06-19Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20338 of 2017 Arising Out of PS.Case No. -270 Year- 2016 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Raj Kumar Patel Son of Sri Yogendra Raut, Resident of VillageEnarawa, P.S.- Birganj, Anchal Narayani, District- Parsa (Nepal) .... Petitioner

Versus

1. The State of Bihar.

2. The Union of India Through the Commandant , S.S.B. Bihar Patna. .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Binod Kumar Mishra, Adv. For the State : Mr. Rajballabh Singh, APP 122 For the Union of India : Mr. Ram Anurag Singh, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-06-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offence under Sections 20, 22, 23 and 24 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Seventy five grams of afeem was recovered from possession of co-accused, Shyam Bihari Sah. Nothing was recovered from the possession of the petitioner. However, the petitioner confessed before the police his involvement in use of narcotic drugs. The petitioner has stated on oath that he has got no criminal antecedent and confession of the petitioner before the police is no evidence rather the same was procured by using force. The petitioner is in custody since 26.11.2016. Considering the entire facts and

Patna High Court Cr.Misc. No.20338 of 2017 (4) dt.19-06-2017 2/2 circumstances, above, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each in connection with N.D.P.S. Case No. 76 of 2016 (Raxaul P.S. Case No. 270 of 2016) to the satisfaction of the Sessions Judge/Special Judge, East Champaran at Motihari, or successor Court.

(Birendra Kumar, J) SA/- U √ T √