Rishi Kumar Choubey @ Rishi Choubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55146 of 2017 Arising Out of PS.Case No. -48 Year- 2017 Thana -CHUTIA SAHAYAK District- SASARAM (ROHTAS) ======================================================

1. Rishi Kumar Choubey @ Rishi Choubey S/o Surendra Nath Choubey R/o Village - Panduka, P.S. - Chutiya, District - Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Deovind Kumar Singh For the Opposite Party/s : Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 04-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Chutiya P.S. Case No. 48/17, N.D.P.S. Case No. 20/17 for offences punishable under Sections 20/21 of the N.D.P.S. Act. The prosecution case, as lodged by the police personnel, is that on patrolling duty and on information, the house of the petitioner was searched and 350 gms of ganja was found wrapped in plastic in the house. Accordingly, a seizure-list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal

Patna High Court Cr.Misc. No.55146 of 2017 (2) dt.04-12-2017 2/3 antecedent and nothing has been recovered from his conscious possession. He submits that charge-sheet has already been submitted and the petitioner is languishing in judicial custody since 31.08.2017. He further submits that seizure-list has not been prepared in accordance with Section 100 Cr.P.C.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail 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, Rohtas at Sasaram, in connection with Chutiya P.S. Case No. 48/17, N.D.P.S. Case No. 20/17, subject to the conditions that : (i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(ii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty

Patna High Court Cr.Misc. No.55146 of 2017 (2) dt.04-12-2017 3/3 to move the court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T