Ram Prabodh Ray @ Rambodh Ray @ Ram Prabodh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37048 of 2020 Arising Out of PS. Case No.-232 Year-2020 Thana- SURSAND District- Sitamarhi ====================================================== RAM PRABODH RAY @ RAMBODH RAY @ RAM PRABODH RAI son of Late Yogi Ray Resident of Village- Aamna, P.O. Majhora, P.S. Sursand, District- Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The D.R.I. through Union of India Union of India ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Preeti Kunwar, Advocate For the State :

APP For the Union of India :

Mr. Satyabrat Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 31-08-2021 Heard learned counsel for the parties through video conferencing.

The instant application has been preferred for grant of regular bail in a case registered under sections 20, 22 and 23 of the NDPS Act.

As per allegations in the FIR, on receiving secret information and on the vehicle (Maruti Zen) being stopped and checked, it is stated that the petitioner and one Jawahar Rai were taken into custody and 12 kgs of ganja was recovered from the vehicle.

It is submitted by learned senior counsel appearing for the petitioner that he has been falsely implicated in the case and no incriminating article has been recovered from his possession or

Patna High Court CR. MISC. No.37048 of 2020(5) dt.31-08-2021 2/2 the vehicle. The vehicle in question does not belong to the petitioner. The petitioner was taken into custody under a misunderstanding. He is in custody since 14.8.2020 and has no criminal antecedent. It is further submitted that the case of the petitioner stands on a similar footing to that of co-accused Jawahar Rai who has been enlarged on bail vide order dated 22.6.2021 passed in Cr. Misc. no. 14524 of 2021. Heard learned counsel for the Union of India. Having heard learned counsel for the parties and taking into consideration the petitioner not having any criminal antecedent, grant of bail to co-accused Jawahar Rai and investigation in the case having concluded, the Court directs the petitioner to be enlarged on bail in connection with Sursand P.S. Case no. 232 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, NDPS Act, Sitamarhi.

(Partha Sarthy, J) Prakash/- U