Madan Rajbhar @ Ajay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21242 of 2018 Arising Out of PS. Case No.-1 Year-2017 Thana- RAMGARHWA District- East Champaran ====================================================== Madan Rajbhar @ Ajay, Son of Shyamlal Rajbhar, R/o Village-Maniar, Devapur, P.S. Chunu-Pakad, Distt.-Ballia (U.P.). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Aslam Ansari For the Opposite Party/s :

Mr. Sri Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-06-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Ramgarhwa P.S. Case No. 01 of 2017, registered for the offence punishable under Sections 8, 20 (b) (ii) B of N.D.P.S. Act.

The allegation is regarding recovery of 2.800 kg. of a substance like charas.

The learned counsel for the petitioner submits that the seized substance is like charas, hence the prosecution itself is not sure as to whether the said seized substance is charas or not. It is further submitted that the petitioner has been falsely implicated in the present case and he is having a clean antecedent. The petitioner is stated to be in custody since 03.01.2017.

Patna High Court Cr.Misc. No.21242 of 2018(5) dt.28-06-2018 2/2 I have heard the learned counsel for the petitioner and perused the materials on record as also the case diary. From the case diary, it is apparent that the aforesaid seized substance was sent to the laboratory in the month of August, 2017, however, it is not clear whether it has been sent to Calcutta or Muzaffarpur. Nonetheless, the fact is that despite lapse of about one year, no report has been received from the F.S.L., hence, the petitioner herein cannot be detained any longer for the fault on the part of the prosecution.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge/Special Judge, East Champaran, Motihari in connection with Ramgarhwa P.S. Case No. 01 of 2017.

(Mohit Kumar Shah, J) ajay gupta/- U T