Rajiv Kumar @ Rajiv Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45041 of 2018 Arising Out of PS.Case No. -350 Year- 2018 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Rajiv Kumar @ Rajiv Jha S/o Shiv Shankar Jha, R/o Dharmshala Road Jogbani, P.S.- Jogbani, Distt.- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mahendra Thakur For the Opposite Party/s : Mr. Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-08-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Forbesganj P.S.Case No.350 of 2018 corresponding to Special Case No.9 of 2018, registered for offences punishable under Sections 21(b)/22 of the N.D.P.S. Act of the Indian Penal Code. Allegation against the petitioner as per FIR is about recovery of 500 bottles of cough syrup from the rickshaw and the person who has been arrested has disclosed the name of the petitioner stating that it was given by the Reliance Medical to be supplied to the petitioner.

Submission of the learned counsel for the petitioner is that he is now way concern with the seized cough syrup and it has falsely been alleged that the cough syrup has to be delivered to the petitioner.

Patna High Court Cr.Misc. No.45041 of 2018 (2) dt.02-08-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Session's Judge-cum-Special Judge, N.D.P.S. Act, Araria in connection with Forbesganj P.S.Case No.350 of 2018, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T