Patna High CourtCR. MISC./28940/2018bail granted

Ram Yodhi Rai v. The State Of Bihar

2018-05-24Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28940 of 2018 Arising Out of PS.Case No. -8 Year- 2018 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ram Yodhi Rai S/o Late Dhaneshwar Rai @ Dhanesh Rai, R/o Vill.- Kadmwa, P.S.- Rajepur, Distt.- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anish Kumar For the Opposite Party/s : Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 24-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 20, 22 and 23 of N.D.P.S. Act. 8 Kg of ganja is said to have been recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the seized contraband. Aforesaid contraband was not recovered from his possession rather from the road located in front of the house of the petitioner as evident from the seizure list.

Patna High Court Cr.Misc. No.28940 of 2018 (4) dt.24-05-2018 2/2 Seizure list does not contain recovery of the aforesaid contraband from the possession of the petitioner. He has been falsely implicated in the case by the police while he was standing near his house and real culprit managed to escape dumping the bag containing aforesaid contraband on the road seeing the police party. Police forcibly obtained his signature on the seizure list. Petitioner has no criminal antecedent. He has been languishing in custody since 8.01.2018.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged 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 Learned Sessions Judge/ Special Judge, East Champaran, Motihari in connection with Rajepur P.S. Case No. 08 of 2018 corresponding to G.R. No. 112 of 2018.

(Prakash Chandra Jaiswal, J) Mishra/- U T