Patna High CourtCR. MISC./59366/2018bail granted

Chulhai Rai v. The State Of Bihar

2018-11-20Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59366 of 2018 Arising Out of PS. Case No.-289 Year-2018 Thana- HAJIPUR District- Vaishali ====================================================== Chulhai Rai S/o Ramji Rai, R/o Vill.- Bahrampur, P.S.- (Rustampur O.P.), Raghopur, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niraj Kumar, Advocate.

For the Opposite Party/s :

Smt. Renuka Ratnakar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-11-2018 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Town P.S. Case No. 289 of 2018 instituted for the offence under Section 414 of the Indian Penal Code and Sections 8/20(b) (ii) (B) of N.D.P.S. Act.

Counsel for the petitioner submits that petitioner is in custody since 7.5.2018. Counsel for the petitioner further submits that Police before preparing seizure list has not complied the provision of Section 50 of N.D.P.S. Act. The alleged Motorcycle which is mentioned in the seizure list belongs to brother-in-law of son of the petitioner. Photocopy of Registration paper of the Motorcycle has been enclosed as Annexure-2.

Patna High Court Cr.Misc. No.59366 of 2018(3) dt.20-11-2018 2/2 The seizure list has been prepared by the Investigating Officer. From the seizure list it appears that 2 kg of Ganja has been recovered from possession of the petitioner. There is no mention that seizure was made in presence of any Gazetted Officer.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-1, Vaishali at Hajipur, Distt. Vaishali, in connection with Town P.S. Case No. 289 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner. S.Ali/- (Sanjay Priya, J) U T