Patna High CourtCR. MISC./71752/2024allowed

Rahul Kumar Rai v. The State Of Bihar

2025-01-22Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71752 of 2024 Arising Out of PS. Case No.-511 Year-2022 Thana- BAISI District- Purnia ====================================================== RAHUL KUMAR RAI SON OF LAKHANDEO RAI RESIDENT OF VILLAGE - KALA DIYARA, P.S. -SALIMPUR, DISTRICT - PATNA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Special N.D.P.S. Case No. 50 of 2023 (arising out of Baisi P.S. Case No.- 511 of 2022) registered for the offence punishable under Sections 8 and 20(b)(ii)(C) of the N.D.P.S. Act.

3. The case of the prosecution is that one car was intercepted by the police. The petitioner was the driver of that car. From that car, 143 packets containing a total of 86.099 kilograms of Ganja was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this

Patna High Court CR. MISC. No.71752 of 2024(6) dt.22-01-2025 2/2 case. The petitioner is only a driver and he has got no relation with the alleged recovery. It has also been submitted that from perusal of the order of the learned trial Court, it has transpired that the charges were framed on 26.09.2023 and till the date of the order of trial Court, no witness has been examined. The petitioner is in custody since 25.12.2022 and trial has still not started. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering 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 on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IV, Purnea in connection with Special N.D.P.S. Case No. 50 of 2023 (arising out of Baisi P.S. Case No.- 511 of 2022).

(Ashok Kumar Pandey, J) Anushka/- U T