Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35650 of 2019 Arising Out of PS. Case No.-593 Year-2018 Thana- ALAMGANJ District- Patna ====================================================== RAJEEV KUMAR, Son of Suresh Prasad Singh, Resident of Mohalla- Gur ki Mandi, Near Pitambara, Mandeer, Police Station- Alamganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Mouar, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 6/ 30-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Special Case No.119 of 2018 arising out of Alamganj P.S. Case No.593 of 2018 instituted for the offence under Section(s) 20, 22 of the NDPS Act. In the written report, it is alleged that police committed raid in the house of Suresh Prasad Singh and recovered smack and cash. Petitioner is one of the sons of Suresh Prasad Singh. It is alleged that from his possession 30 puriyas of smack and 47 currency of rupees two thousand denomination were recovered.

Counsel for the petitioner submits that with similar allegation other co-accused, Sarswati Devi and Babloo Kumar, have been granted bail by co-ordinate Bench of this Court by order dated 10.01.2019 passed in Cr. Misc. No.78723 of 2018.

Patna High Court CR. MISC. No.35650 of 2019(6) dt.30-08-2019 2/2 Learned APP has submitted that case diary has been received. There is no mention of any weight of alleged recovered smack from possession of the petitioner. Seizure list is part of the First Information Report. There is no mention about weight of smack. It is only mentioned that 30 puriyas smack have been recovered.

Petitioner is in custody since 13.10.2018.

Keeping in view the period of custody, 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 Additional District & Sessions Judge-VII, Patna, in connection with Special Case No.119 of 2018 arising out of Alamganj P.S. Case No.593 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

Further, (i) the petitioner will remain present on each and every date of trial, (ii) His absence on two consecutive date(s) without any reasonable cause will make his bail bond liable to be cancelled, and (iii) the petitioner will not intimidate the witnesses in any way and will not hamper the trial. (Sanjay Priya, J) J. Alam/- U T