Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26038 of 2016 Arising Out of PS.Case No. -96 Year- 2016 Thana -RAJIVNAGAR District- PATNA ====================================================== Rakesh Kumar, Son of Late Chaneshwar Rai, residents of Village- Bamna, Police Station- Paras Bigha, District- Jehanabad, at present residing at Indrapuri, Road No. 10, P.S.- Patliputra, District- Patna .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rajnandan Kumar For the Opposite Party/s : Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-06-2016 Heard learned counsel for the parties.

The petitioner is languishing in jail since 9.5.2016 in a case registered for the offence punishable under sections 20(1)(c), 22, 27 of the N.D.P.S.Act.

On information that the miscreants are selling Ganja, a raid was led. Ten persons were apprehended. From the possession of the petitioner 420 grams Ganja was recovered. From others also Ganja was recovered.

It is submitted on behalf of the petitioner that the weight has been recorded on speculation and even assuming recovery it is of small quantity. Statement has been made in paragraph 3 of the application that the petitioner has no criminal antecedent. Learned A.P.P., appearing for the State, is not disputing

Patna High Court Cr.Misc. No.26038 of 2016 (2) dt.24-06-2016 the fact that the small quantity of Ganja has been recovered. Considering the aforesaid facts, let the petitioner, abovenamed, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge II, Patna in Special Case No. 17/2016 arising out of Rajeev Nagar P.S.Case No. 96/2016.

The learned court below will be at liberty to cancel the bail bonds of the petitioner in two eventualities, i.e. if he defaults for two consecutive occasions or substantially gets involved in similar nature of offence.

(Dinesh Kumar Singh, J) Surendra/- U