Rajeev Kumar @ Rajeev Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55720 of 2024 Arising Out of PS. Case No.-266 Year-2024 Thana- HISUWA District- Nawada ====================================================== Rajeev Kumar @ Rajeev Singh Son of Late Ram Nandan Sharma R/O Vill.- Keshauri, P.S.- Pakribarawan, Dist.- Nawadah. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar For the Opposite Party/s :
Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-08-2024 Heard the learned counsel for the petitioner and learned APP for the State.
2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 20(b)(ii)(B) of the NDPS Act, registered in connection with Hisua P.S.Case No. 266 of 2024 (P.T.N. 1303 of 2024).
3. As per allegation, the police party, in course of patrolling, nabbed three persons, two of them being seated on a Pulsar motor-cycle with another one riding a Bullet motor-cycle alone. On questioning, they disclosed their names as Bablu Singh, Chandan Kumar and Rajiv Kumar. Then the Pulsar motorbike, being ridden by Chandan Kumar with Bablu Singh being seated thereon,
Patna High Court CR. MISC. No.55720 of 2024(2) dt.02-08-2024 2/3 was searched, wherefrom five kg. of ganja stuffed in a sack was recovered.
4. The learned counsel for the petitioner has submitted that the petitioner has been framed in this case on account of his objection to the police party, who were misbehaving with his co-villagers, hurling abusing languages. He has further submitted that the alleged recovery of contraband has been recovered from the Pulsar bike, being ridden by Chandan Kumar, with Bablu Singh being seated behind him, and not from the Bullet bike being driven by the petitioner alone. It is also submitted that the case of the petitioner is distinguishable from those of Bablu Singh and Chandan Singh, whose prayer for bail has been rejected by this Court under order dated 03.07.2024 passed in Cr.Misc.No. 49853 of 2024 and Cr.Misc.No. 50514 of 2024. The petitioner is languishing in prison since 15.04.2024.
5. Considering the above facts and circumstances, 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 District and Sessions Judge-cum-Special Court,
Patna High Court CR. MISC. No.55720 of 2024(2) dt.02-08-2024 3/3 NDPS, Nawadah, in connection with Hisua P.S.Case No. 266 of 2024 (P.T.N. 1303 of 2024), subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. (Nawneet Kumar Pandey, J) HR/- U T