Ajay Kumar @ Ajai Kumar Bhagat @ Ajay Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15729 of 2018 Arising Out of PS.Case No. -2 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictNAWADA ====================================================== Ajay Kumar @ Ajai Kumar Bhagat @ Ajay Bhagat, son of Ram Chandra Bhagat, resident of Village Ramgarh, PS Siswan, District Siwan .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Chandra Sen Prasad Singh For the Opposite Party/s : Mr. Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 19-03-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody, seeks bail in Special (NDPS) Case No. 2 of 2018 registered under Sections 20(b) of the NDPS Act.
The allegation in brief is that from two bags kept underneath the seat of the bus on which the petitioner was travelling recovery of 15 KG ganja was made.
Learned Counsel for the petitioner submits that the recovery is not from the conscious possession of the petitioner, the petitioner was not carrying those bags, he has clean antecedent, one of the seizure list witness is Excise Constable and the so called recovery is not a commercial quantity.
Having considered the said facts and circumstances, the petitioner, namely, Ajay Kumar @ Ajai Kumar Bhagat @ Ajay Bhagat is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Nawada in connection with Special (NDPS) Case No. 2 of 2018 on the following conditions:- (i) one of the bailors must be a close family member of the petitioner; and
Patna High Court Cr.Misc. No.15729 of 2018 (2) dt.19-03-2018 (ii). The petitioner is directed to appear before the trial court on each date and in case of failure to appear on two consecutive dates except because of reasonable cause his bail bonds shall be liable to be cancelled.
(Arun Kumar, J) Snkumar/- U T