Raushan Kumar Rai @ Paltu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25412 of 2017 Arising Out of PS.Case No. -17 Year- 2017 Thana -DARBHANGA District- DARBHANGA ====================================================== Raushan Kumar Rai @ Paltu Rai, son of Palat Rai, Resident of villageChauri, P.S.- Sakri, District- Madhubani. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance:

For the Petitioner : Mr. Ajit Kumar, Advocate For the State : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 19.02.2017 in connection with G.O. Case No. 05 of 2017, arising out of Town P.S. Case No. 17 of 2017 for the alleged offences under Sections 20(b), 22 and 24 of the N.D.P.S. Act.

3. It is submitted that the petitioner has been falsely implicated and in any event the recovery of 240 grams of 'ganja' has been made from co-accused Sonu Kumar@ Raman Kumar Rai, who has since been granted bail by this Court in Cr. Misc. No. 25436 of 2017. It is submitted that no recovery of 'ganja' has been made from the conscious possession of the petitioner, who claims clean antecedents.

4. Be that as it may, having regard to the entirety of the

Patna High Court Cr.Misc. No.25412 of 2017 (3) dt.01-07-2017 facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge, Darbhanga in connection with G.O. Case No. 05 of 2017, arising out of Town P.S. Case No. 17 of 2017 on the following conditions :- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T