Chinni Rai @ Saroj Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51366 of 2023 Arising Out of PS. Case No.-150 Year-2021 Thana- DORIGANJ District- Saran ====================================================== CHINNI RAI @ SAROJ RAI SON OF KAMTA RAI RESIDENT OF VILLAGE- MAHAJI, PS- DORIGANJ, DISTT- SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 414 of the IPC and Sections 8/20/22/25 of the N.D.P.S. Act.

3. As per prosecution case, on secret information received that in the house of co-accused Rajendra Rai stolen motorcycle have kept, thereafter police party reached at that place but motorcycle has not recovered. Thereafter, he disclosed that stolen motorcycle was kept in a husk room, they went there and recovered the said motorcycle and on search there has been recovery of 10.750 Kg Ganja from one bag.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has

Patna High Court CR. MISC. No.51366 of 2023(2) dt.11-08-2023 2/2 committed no offence. Petitioner has not apprehended on spot. The name of the petitioner has come into light, on the basis of confessional statement of other co-accused, who apprehended on spot. He submitted that the petitioner has no concern with the seized Ganja. No incriminating/stolen articles have been recovered from the conscious possession of the petitioner. He further submitted that petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 14.05.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Doriganj P.S. Case No. 150 of 2021.

(Sunil Kumar Panwar, J) arish/- U T