Ravi Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20937 of 2019 Arising Out of PS. Case No.-691 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== RAVI RAJ, Son of Rajdeo Yadav, Resident of Village- Amwa, P.S.- Turkauliya, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 5/ 05-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in NDPS Case No.63 of 2018 arising out of Turkauliya P.S. Case No.691 of 2018 instituted for the offence under Section(s) 414 Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act, 20, 22, 23 and 27 of the NDPS Act.

Counsel for the petitioner submits that Petitioner is in custody since 19.10.2018.

It is alleged that one loaded country made pistol and 500 Gr. Charas was recovered from possession of the petitioner. Counsel for the petitioner submits that the recovered Charas does not come under the purview of commercial

Patna High Court CR. MISC. No.20937 of 2019(5) dt.05-07-2019 2/2 quantity. It is further submitted that seizure list has not been prepared in presence of gazetted Officer as required under Section 50(1) of the NDPS Act. Seizure list has been prepared in presence of two witnesses. Petitioner has been falsely implicated in the case.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 Sessions Judge/Special Judge, Motihari, East Champaran, in connection with NDPS Case No.63 of 2018 arising out of Turkauliya P.S. Case No.691 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T