Devendra Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32831 of 2019 Arising Out of PS. Case No.-1 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Saran ====================================================== DEVENDRA RAY, Son of Doman Ray, Resident of Village- Rusttampur, Police Station- Raghopur, District- Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union of India N.D.P.S. Act.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jharkhandi Upadhyay, Advocate For the Opposite Party/s :

Mr. Murli Dhar, APP For NCB :

Mr. S. D. Sanjay, Additional Solicitor General ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 17-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in NCB Case No.01 of 2018 instituted for the offence under Section(s) 21-C of the NDPS Act.

It is alleged that Intelligence Officer of NCB along with his team conducted raid at the Godown of "Jai Maa Durga Transport Company" at Kathari Bagh, Chapra, on 02.02.2018 from where 1035 bottles of codeine based cough syrup named as planokuff were seized. It is alleged that Manager of the Godown, namely, Shashi Bhushan was summoned to appear before NCB on 04.02.2018 under Section 67 of the NDPS Act.

Patna High Court CR. MISC. No.32831 of 2019(2) dt.17-05-2019 2/2 He disclosed the name of the petitioner as owner of the godown. Counsel for the petitioner submits that petitioner has no concern with aforesaid drugs, which was recovered from his godown. He has been made accused merely because he is owner of the godown.

Petitioner is in custody since 20.02.2019 having clean antecedents.

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 cum Special Juge, Saran at Chapra, in connection with NCB Case No.01 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

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