Ritesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35400 of 2017 Arising Out of PS.Case No. -389 Year- 2017 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Ritesh Singh, son of Hemant Singh @ Hemant Kumar, Resident of Haribatika, Basant Bihar, P.S.- Bettiah (Muffasil), District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2017 The petitioner seeks regular bail in connection with Bettiah Town P.S.Case No.389 of 2017, registered for offences punishable under Sections 20, 22, 23, 24, 27A, 29 of N.D.P.S. Act. Allegation against the petitioner as per F.I.R. is that the police raided the place and from there two persons started fleeing and three persons were arrested at the motorcycle and from that motorcycle 200 gram 'Charas' has been recovered. Submission of the learned counsel for the petitioner is that nothing has been recovered from his possession and he was not arrested at the spot rather he was arrested on chase. Further submission is that nothing is available to show that the seized articles was 'Charas'. The petitioner is in custody for 2 1⁄2 months.

Patna High Court Cr.Misc. No.35400 of 2017 (2) dt.07-08-2017 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Bettiah, West Champaran in connection with Bettiah Town P.S.Case No.389 of 2017.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T