Patna High CourtCR. MISC./26981/2017bail granted

Ravindra Kumar Singh v. The State Of Bihar

2017-09-06Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26981 of 2017 Arising Out of PS.Case No. -176 Year- 2016 Thana -NOKHA District- SASARAM (ROHTAS) ====================================================== Ravindra Kumar Singh, Son of Sri Bhagwan Singh, Resident of VillageBishunpura, P.S.- Nokha, District- Rohtas (Sasaram). .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sheo Jee Mishra, Advocate For the Opposite Party/s : Mr. Surendra Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-09-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Nokha P.S. Case No. 176 of 2016 instituted for the offence under Sections 8(c), 20(B), 22, 27A of the N.D.P.S. Act and Section 120(B) of the Indian Penal Code. It is alleged that 27.700 kg. Ganja has been recovered from the house of the petitioner.

It has been submitted that petitioner is languishing in jail custody since 06.09.2016. The prayer for bail of the petitioner was earlier rejected vide order dated 23.2.2017 passed in Cr. Misc. No.3062 of 2017 at that stage. The counsel for the petitioner has pointed out the seizure list which is enclosed with the First Information Report wherein it is mentioned that the alleged Ganja has been recovered from the house which is said to be purchased by this petitioner from Chandra Shekhar Tiwari. Seizure list does not bear the

Patna High Court Cr.Misc. No.26981 of 2017 (4) dt.06-09-2017 2/2 signature either of this petitioner or any of his family members. As such, there is violation of the provision of Section 100 Cr. P.C. The up-to-date report has been received from the court below wherein it is mentioned that after framing of charge, not a single witness has been examined.

Keeping in view the period spent by the petitioner in custody and there is complete violation of Section 100 Cr. P.C., prayer for bail of the petitioner is allowed. 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 Sessions Judge, Rohtas at Sasaram, in connection with Nokha P.S. Case No. 176 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner.

The petitioner will cooperate in conclusion of the trial and he will remain present on each and every date of trial till disposal of the case. In the event of default of two consecutive dates, his bail bonds will be liable to be cancelled.

(Sanjay Priya, J) S.Ali/- U T