Lalit Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45373 of 2021 Arising Out of PS. Case No.-394 Year-2020 Thana- SURSAND District- Sitamarhi ====================================================== Lalit Kumar Rai Son Of Jog Narayan Rai R/O Village- Janakpur Ward No. 8, P.S. Janakpur, District - Dhanusha (Nepal).

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Hans Lal Kumar For the Opposite Party/s :

Mr. Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-01-2022 Heard the learned counsel for the petitioner and the learned APP for the State through video conferencing. The petitioner seeks bail in connection with Sursand P. S. Case No.394 of 2020, instituted for the offences under Sections 188, 414 of the Indian Penal Code and Sections 18(c)/ 27(B)(II) of the Drugs and Cosmetics Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 18.12.2020, he is a person with clean antecedent and charge-sheet has been submitted in the case.

Allegation is of recovery of huge quantity of medicine from the shop of Nisha Jha @ Madam Maya apart from mobiles etc.

The learned counsel for the petitioner submits that petitioner is not associated with Madam Maya in any manner. He is Nepali citizen and he was standing outside the shop when

Patna High Court CR. MISC. No.45373 of 2021(2) dt.05-01-2022 2/2 he came to be arrested.

The learned counsel for the petitioner further submits that similarly situated co-accused Amit Kumar Singh was granted bail by order dated 17.11.2021 in Cr. Misc. No.24171 of 2021.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody since 18.12.2020, he is a person with clean antecedent, chargesheet has been submitted in the case and co-accused has been granted bail, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum-Special Judge (Drugs and Cosmetics Act), Sitamarhi in connection with Sursand P. S. Case No.394 of 2020.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T