Ratnesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25359 of 2020 Arising Out of PS. Case No.-387 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== RATNESH KUMAR, S/o Kailash Kunwar, Resident of Village - Durga Nagar, P.S. - Gaighat, District - Muzaffarpur, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Kumar, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 414/34 of the Indian Penal Code, Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Three persons including the petitioner were apprehended and from possession of each one kg. of Ganja was recovered besides recovery of mobile phone.

Learned counsel for the petitioner submits that there is non-compliance of mandate of law in the matter of search and seizure. Petitioner has got no such criminal antecedent. He is in custody since 01.05.2020. Investigation of the case against the petitioner is already complete.

Considering the material aforesaid, it is evident that

Patna High Court CR. MISC. No.25359 of 2020(4) dt.08-01-2021 2/2 for the purpose of consideration of bail, there is nothing to say that the petitioner has committed the offence or is likely to commit such offence in near future, hence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Ahiyapur Police Station Case No. 387 of 2020, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Kundan/- U T