Rajendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52302 of 2021 Arising Out of PS. Case No.-150 Year-2021 Thana- DORIGANJ District- Saran ====================================================== 1.

Rajendra Rai Son Of Late Sudarshan Rai Resident Of Village- Mahaji, P.S.- Doriganj, District- Saran At Chapra.

2.

Guddu Kumar Son Of Rajendra Rai Resident Of Village- Mahaji, P.S.- Doriganj, District- Saran At Chapra.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh For the Opposite Party/s :

Ms. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-02-2022 Heard learned counsel for the petitioners and learned APP for the State through video conferencing. The petitioners seek bail in connection with Doriganj P. S. Case No.150 of 2021, instituted for the offences under Section 414 of the Indian Penal Code and Sections 8, 20, 22 and 25 of the N.D.P.S. Act. The learned counsel for the petitioners submits that the petitioners are in custody since 07.07.2021, they are persons with clean antecedent and charge-sheet has been submitted in the case.

The learned counsel for the petitioners submits that the informant alleges that the straw house of the

Patna High Court CR. MISC. No.52302 of 2021(2) dt.09-02-2022 2/3 petitioner was raided based on the information provided by the petitioner and from the straw house, a stolen motorcycle and 10.75 kg. of ganja was recovered.

The learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, they are father and the son and the recovery is from the straw house which is not the part of the house rather it is outside the house and as such, it is an open place. Hence, the petitioners were not aware, who had kept the narcotics in their straw house.

The learned A.P.P. for the State opposes the bail application and submits that from perusal of the F.I.R., it would manifest that the police has very fairly stated that on 05.07.2021, the house of the petitioners were raided, but nothing was found. Thereafter, based on information and suspicion, the petitioners were called to the police station where they disclosed about the stolen motorcycle and the narcotics based on which the place was searched and the aforesaid articles were found.

Considering the submission made by the learned A.P.P. for the State, the Court is not inclined to enlarge the

Patna High Court CR. MISC. No.52302 of 2021(2) dt.09-02-2022 3/3 petitioners on bail.

Accordingly, the prayer for bail of the petitioners stand rejected for the present.

(Satyavrat Verma, J) vikash/- U T