Ravindra Kumar @ Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59940 of 2021 Arising Out of PS. Case No.-297 Year-2021 Thana- RAJIVNAGAR District- Patna ====================================================== RAVINDRA KUMAR @ RAJA S/o SATYENDRA RAY R/o VILLAGEJABALPUR, P.S-DORIGANJ, DISTRICT-CHAPRA. AT PRESENTLY RESIDING AT ROAD No.21, P.S-RAJIV NAGAR, DISTRICT-PATNA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anuj Kumar, Advocate For the Opposite Party/s :

Mr. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-04-2022 Heard learned counsel for the parties through video conferencing in view of COVID -19.

The petitioner is in judicial custody in connection with Special (N.D.P.S.) case arising out of Rajiv Nagar P.S. Case No. 297 of 2021 for the offences under Sections 20(b) (ii) (A) and 29 of the N.D.P.S. Act.

As per the informant, the police in course of vehicle checking tried to stop Pulsar motorcycle coming from the Patliputra side and three persons were riding it. As the motorcycle slowed down, one of them got down from it but the motorcycle thereafter sped away. The person who got down also tried to escape but was caught and disclosed his name as Kalu Kumar @ Jitendra Kumar. Upon search 2 K.G. 'ganja' was

Patna High Court CR. MISC. No.59940 of 2021(2) dt.15-04-2022 2/3 recovered from him. He further disclosed the name of others including the petitioner herein, who were present in the motorcycle. Accordingly, the house of the petitioner was raided and the said motorcycle was recovered. It is in this way that the petitioner has come in the judicial net.

Learned counsel for the petitioner submits that he is in jail only because of the confessional statement of the accused from whose possession the 'ganja' was recovered. Upon raid, the police seized that motorcycle from his house but beside that nothing incriminating has been recovered from his possession. He further submits that he does not have any criminal antecedent and he is in jail since 25.07.2021 (as explained in paragraph-23 of the bail application).

Taking into account the aforesaid facts, let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of learned Sessions Judge/Spl. Judge, Patna in connection with Special (NDPS) Case arising out of Rajiv Nagar P.S. Case No. 297 of 2021, subject to the following conditions.

(i) the learned Court below while granting bail to he petitioner will check his criminal antecedent;

Patna High Court CR. MISC. No.59940 of 2021(2) dt.15-04-2022 3/3 (ii) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(iii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail cancellation of his bail by the Trial Court itself;

(iv) he shall appear before the concerned police station every fortnight for next six months to mark his presence; (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall take steps for cancellation of his bail bonds.

With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Jagdish/- U T