Dilip Rai @ Dilip Ray @ Dileep Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23722 of 2020 Arising Out of PS. Case No.-81 Year-2020 Thana- SONBERSA District- Sitamarhi ====================================================== DILIP RAI @ DILIP RAY @ DILEEP RAY, S/o Sagar Ray @ Sagar Rai @ Ram Sagar Rai, Resident of Village- Gadhwa Basantpur, Ward No.-8 @ Gadhwa Basant Jagjivan Tola Ward No.-8 @ Garwa Basantpur @ Gadwa Basantpur Ward No.-8 @ Basant Jagjivan Ward No.-8, P.S.- Purnahiya @ Puranhayia, Dist- Sheohar @ Shivhar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok, Adv.

For the State :

Mr.Nand Kishore Prasad, APP For the Union of India : Mr.Rajesh Kr. Verma, ASG ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-12-2020 Heard the parties through virtual court proceedings. Learned Assistant Solicitor General for the Union of India has filed a counter affidavit. Office is directed to find out enclosed the same in the record.

The petitioner seeks bail in a case registered for the offence punishable under Sections 414 of the Indian Penal Code and Section 8/20 (b) (ii) (B) of the N.D.P.S. Act. The gist of the allegation is that on the basis of secret information the informant searched the motorcycle which was being driven by the petitioner and one another co-accused namely Firoj Khan was sitting back of the motorcycle were searched, five Kg. Ganja was recovered from the bag of the co-

Patna High Court CR. MISC. No.23722 of 2020(5) dt.01-12-2020 2/2 accused namely Firoj Khan.

Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner. The petitioner is in custody since 10.04.2020. The co-accused namely Firoj Khan has been granted bail by a Co-ordinate Bench of this Court vide order dated 23.11.2020 passed in Cr. Misc. No. 25100/2020.

Learned APP for the State has opposes the prayer for bail.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Sonbarsa P.S. Case No. 81/2020 to the satisfaction of the learned Special Judge, Sitamarhi. (Anjani Kumar Sharan, J) amitkumar/- U T