Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2197 of 2017 Arising Out of PS.Case No. -163 Year- 2016 Thana -BAKHRI District- BEGUSARAI ======================================================

1. Rajeev Kumar, Son of Ramanand Yadav, Resident of village - Ratan, Police Station - Bakhri, District - Begusarai .... .... Petitioner

Versus

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

For the Petitioner : Mr. Amresh Kr. Verma, Advocate For the Opposite Party : Mr. Matloob Rab (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-01-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with N.D.P.S. Case No. 15 of 2016 arising out of Bakhari P.S. Case No. 163 of 2016 registered for the offences punishable under Sections 20(B), 21(B) N.D.P.S. Act.

Allegedly, 2 kg 50 grm. ganja was recovered from the house of the petitioner and the petitioner was apprehended and since then he is in custody.

Submission is of false implication and that nothing has been recovered from the conscious possession of the petitioner, he has been made victim of the circumstances. The petitioner has got no concerned with the recovered articles. Some

Patna High Court Cr.Misc. No.2197 of 2017 (2) dt.28-01-2017 2/2 one has planted the article, resulting, the petitioner has been apprehended and, as such, the petitioner who is suffering in custody since 11.08.2016 deserves sympathetic consideration as recovered article does not come under the purview of commercial quantity.

In the facts and circumstances stated above, considering the detention of the petitioner, now he is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sessions Judge, Begusarai, in connection with N.D.P.S. Case No. 15 of 2016 arising out of Bakhari P.S. Case No. 163 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J.) Rajiv/- U T