Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26192 of 2019 Arising Out of PS. Case No.-70 Year-2019 Thana- BARAUNI District- Begusarai ====================================================== NIRAJ KUMAR, aged about 30 years, Male, Son of Bijay Rai Resident of Village - Bariyarpur, ward no. 8, P.S.- Teghra, Distt - Begusarai ... Petitioner

Versus

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

For the Petitioner :

Mr. Sandip Kumar Gautam, Adv.

For the Opposite Party :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-05-2019 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. The petitioner is languishing in judicial custody since 13.03.2019 in connection with N.D.P.S. Case No. 4 of 2019 arising out of Barauni P.S. Case No. 70 of 2019 for the offences alleged under Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act.

The prosecution case, as lodged by the police personnel, is that during patrolling duty they intercepted a motorcycle and apprehended two persons including the petitioner. On search, from the motorcycle 2Kg of ganja was recovered from a bag. Accordingly, a seizure list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent, nothing has been recovered from his conscious possession and he is languishing in judicial custody since nearly two months. It is, further, submitted that

Patna High Court CR. MISC. No.26192 of 2019(2) dt.10-05-2019 2/2 the ganja seized was less than the commercial quantity and the petitioner has been sufficiently punished.

However, the learned Additional Public Prosecutor for the State opposes the prayer for bail stating therein that the petitioner does not bear a clean antecedent and one more case under the Excise Act is pending against him.

Considering the nature of allegations and the materials on record, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with N.D.P.S. Case No. 4 of 2019 arising out of Barauni P.S. Case No. 70 of 2019 to the satisfaction of the learned Sessions Judge, Begusarai, or the successor Court, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) Shamshad/- U T