Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67120 of 2021 Arising Out of PS. Case No.-394 Year-2021 Thana- PHULWARISHARIF District- Patna ====================================================== RAHUL KUMAR Son of Sri Ramautar Paswan Resident of Village - Chuharmal Nagar, P.S.- Phulwarisharif, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-04-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Sections 20 / 22 of the N.D.P.S. Act. As per prosecution case, seven puriya of Smack has been recovered from the possession of the petitioner. It is submitted on behalf of petitioner that nothing has been recovered from the possession of the petitioner. Mandatory provision with regard to search and seizure has not been followed. It is further submitted that in this case, charge has already been framed on 29.10.2021. Petitioner is in custody since 02.05.2021, having no criminal antecedent. However, learned A.P.P. for the State has opposed the bail petition.

Considering the period of custody and progress of the trial, the bail petition of petitioner is allowed. Let the above

Patna High Court CR. MISC. No.67120 of 2021(3) dt.18-04-2022 2/2 named petitioner 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 Additional Sessions Judge - XVI, Patna in connection with Special Case No. 44 of 2021, arising out of Phulwarisharif P.S. Case No. 394 of 2021. (Prabhat Kumar Singh, J) anay/- U T