Brajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50363 of 2024 Arising Out of PS. Case No.-27 Year-2024 Thana- KHAGARIA RAIL P.S. District- Khagaria ====================================================== Brajesh Kumar, Son of Ram Pravesh Yadav @ Buchchi Yadav, Resident of Village- Morkahi, Ward No 05, Police Station- Bithan, District- Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pratik, Advocate For the Opposite Party/s :
Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 24-07-2024 Heard Mr. Pratik, learned Advocate for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail, who is in custody in connection with Khagaria Rail P.S. Case No. 27 of 2024 [Special (N.D.P.S.) Case No. 09 of 2024] registered for the offences punishable under Sections 8, 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. The petitioner was allegedly found strolling at Railway Station in suspicious condition; apprehended by the Inspector-cum-Post Commander. On search, total 1.500 Kg Ganja was recovered.
4. Learned Advocate for the petitioner submitted that in fact, on the alleged date of occurrence nothing has been recovered from the possession of the petitioner, however on
Patna High Court CR. MISC. No.50363 of 2024(2) dt.24-07-2024 2/3 account of some altercation, which took place between the petitioner and the police personnel in course of ticket checking, the present F.I.R. has been instituted. There is no proper compliance of Sections 43 and 50 of the N.D.P.S. Act. It is also contended that the alleged recovered substance is though above the small quantity, but much below the commercial quantity and, as such, the rigors provided under Section 37 of the N.D.P.S. Act shall not be applicable. There is no independent witness to the seizure list, that apart charge-sheet has been submitted, but without the F.S.L. report is the contention of the learned Advocate for the petitioner. The petitioner is in custody since 20.03.2024.
5. On the other hand, learned APP for the State vehemently opposes the bail application and submits that the petitioner bears one criminal antecedent.
6. Regard being had to the submissions made on behalf of the parties and considering the quantity of the recovered substance, coupled with the fact that the investigation of the crime is complete and charge-sheet has been submitted, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.50363 of 2024(2) dt.24-07-2024 3/3 Additional Sessions Judge-III-cum-Special Judge N.D.P.S., Khagaria, in connection with Khagaria Rail P.S. Case No. 27 of 2024 [Special (N.D.P.S.) Case No. 09 of 2024], subject to the condition that one of the bailors will be the close relatives of the petitioner with the further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(Harish Kumar, J) Jyoti/uday/- U T