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Patna High CourtCR. MISC./13424/2023allowed

Jeetendra Kumar Rikiyasan v. The State Of Bihar

2023-04-25Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13424 of 2023 Arising Out of PS. Case No.-1234 Year-2022 Thana- SHERGHATI District- Gaya ====================================================== Jeetendra Kumar Rikiyasan Son Of Yogendra Rikiyasan R/O Vill.- Rampur, P.S.- Salaiya, Distt.- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 20(ii)(c), 22(c) of the N.D.P.S. Act.

The prosecution story, in brief, is that the police party reached near Piparghati Pool at GT road after getting secret information then the accused persons including the petitioner tried to flee away but they were arrested on spot. Upon search, 735 gram brown sugar like substance was recovered from a motorcycle bearing Registration No. JH02AT-6063 which is alleged to be driven by co-accused namely, Guddu Kumar. One another motorcycle was also recovered from possession of this petitioner.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.13424 of 2023(2) dt.25-04-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery of contraband substance which has been seized from vehicle of co-accused. Nothing incriminating contraband substance was recovered either from conscious possession of this petitioner or his motorcycle. The petitioner has got no criminal antecedent and languishing in judicial custody since 26.12.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sherghati (Dhobi) P.S. Case No. 1234 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge Cum-Special Judge, N.D.P.S. Act, Gaya.

(Sunil Kumar Panwar, J) Amandeep/- U T