Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34567 of 2022 Arising Out of PS. Case No.-91 Year-2022 Thana- BATHNAHA District- Sitamarhi ====================================================== Raushan Kumar S/o Jai Narayan Mahto Resident of Village- Sangram Fandah, Ward No.-19, P.S.- Riga, Dist.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Praveen, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bathnaha P.S. Case No. 91 of 2022 lodged under Sections 8/20(b), (ii), (B) / 22(b) /23 of the N.D.P.S. Act. As per the prosecution upon raid, the recovery of 10 kg ganja has taken place from the possession of Sanoj Kumar. On his confessional statement, the petitioner has been active, the raid has also been made at his house but nothing has been recovered from his house and he was arrested. Learned counsel for the petitioner submits that nothing was recovered from the possession of the petitioner. If

Patna High Court CR. MISC. No.34567 of 2022(2) dt.17-09-2022 2/2 recovery has been made from the possession of the co-accused Sanoj Kumar, learned counsel for the petitioner submits that he is in custody since 10.04.2022 having clean antecedent. Charge sheet has already been filed in this case. Learned counsel for the State submits that it is true that recovery has not been made from the possession of the petitioner.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Sitamarhi in connection with Bathnaha P.S. Case No. 91 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J) prakashmani/- U T