Patna High CourtCR. MISC./765/2018bail granted

Rajeev Kumar @ Rajeev Sahani v. The State Of Bihar

2018-01-11Mr. Justice Madhuresh Prasad2 pages

Patna High Court Cr.Misc. No.765 of 2018 (2) dt.11-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.765 of 2018 Arising Out of PS.Case No. -200 Year- 2017 Thana -SHERGHATI District- GAYA ====================================================== Rajeev Kumar @ Rajeev Sahani S/o Karpoori Sahani, R/o Village- Jahpur, P.S.- Ujiyarpur, District- Samastipur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Deepak Kumar, Advocate For the Opposite Party : Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case registered for offence under sections 8,15,17C,18C,25 and 29 of the NDPS Act. Counsel for the petitioner submits that he is neither the owner of the Line Hotel/Dhaba from where the contraband materials have allegedly been recovered nor he is connected with the said recovery, rather he is a cook of the said Hotel. Further, he disputes the search and seizure as concocted one and not as per the procedure of law. Prior to the lodging of this case, he is not accused in other case. Petitioner is in custody since 19.4.2017.

Similarly situated co-accused Rinku Bhuiyan has already been enlarged on bail by this Court vide order dated 9.11.2017, passed in Cr.Misc.No.53200 of 2017. Considering the aforesaid submissions, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Sessions Judge, Gaya in Sherghati (Dobhi) Police Station Case No.

Patna High Court Cr.Misc. No.765 of 2018 (2) dt.11-01-2018 Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(b) The petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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