Indal Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60122 of 2022 Arising Out of PS. Case No.-294 Year-2021 Thana- SURSAND District- Sitamarhi ====================================================== Indal Rai Son Of Late Brahmdeo Rai Resident Of Village- Kurthaiya, P.S.- Bajpatti, District- Sitamarhi ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 8/20(b)(ii)(c)/22 of N.D.P.S. Act.

It is a case of recovery of 60 kgs of Ganza like N.D.P.S. substance from a Scorpio vehicle bearing registration No. HR-26BD-6056.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Name of

Patna High Court CR. MISC. No.60122 of 2022(4) dt.23-02-2023 2/3 petitioner sprang up in this case on the basis of confessional statement of co-accused, namely, Umesh Kumar, who is alleged to be the owner-cum-driver of the aforementioned Scorpio, before the police, which has no evidentiary value in the eye of law. Nothing has been recovered from the possession of the petitioner. He has no concern either with the co-accused or with the seized contraband substance. Moreover, the petitioner is languishing in judicial custody since 13.06.2022. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sursand P.S. Case No. 294 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.60122 of 2022(4) dt.23-02-2023 3/3 of the learned Additional District Judge III-cum-Special Judge, (NDPS Act), Sitamarhi.

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