Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33815 of 2019 Arising Out of PS. Case No.-67 Year-2019 Thana- GAYA RAIL P.S. District- Gaya ====================================================== ARUN KUMAR Son of Suresh Sharma Resident of Village- Raja Bazar, Hanuman Nagar, Teacher Colony, P.S. Jehanabad, District- Jehanabad. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rohit Kumar Sharma, Advocate.

Enr. No. 2327/07 For the Opposite Party/s :

Mr. Ramchandra Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-07-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in N.D.P.S. Case No. 29 of 2019 arising out of Rail Gaya P.S. Case No. 67 of 2019, instituted for the offence under Section(s) 08/20(b) ii (c) of N.D.P.S. Act.

It is alleged in the written report that informant during course of checking on Platform Nos. 2 and 3 saw one person with maroon colour bag standing near over-bridge. The Police searched the bag of that person and recovered total 4.100 grams of Ganja kept in three packets.

Counsel for the petitioner submits that seizure list does not bear signature of the petitioner. The informant has not

Patna High Court CR. MISC. No.33815 of 2019(3) dt.18-07-2019 2/2 followed Section 50 of N.D.P.S. Act in preparing the seizure list. Petitioner has been falsely implicated in the case merely on suspicion.

Petitioner is in custody since 15.3.2019 having clean antecedent.

Considering the aforesaid 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 learned Sessions Judgecum-Special Judge (N.D.P.S. Act), Gaya, in connection with N.D.P.S. Case No. 29 of 2019 arising out of Rail Gaya P.S. Case No. 67 of 2019, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T