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Patna High CourtCR. MISC./25165/2017bail granted

Ravindra Ram v. State Of Bihar And ANR

2017-07-03Justice Smt. Nilu Agrawal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25165 of 2017 Arising Out of PS.Case No. -56 Year- 2017 Thana -KAJI MUHAMMADPUR DistrictMUZAFFARPUR ====================================================== Ravindra Ram, son of Shambhu Ram, resident of Village- Mathurapur, P.S.- Maniyari, District- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Union of India through Narcotics Commissioner, Central Government of India, New Delhi.

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

For the Petitioner/s : Mr. Krishna Ranjan, Advocate For the Opposite Party/s : Mrs. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 03-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 19.02.2017 in connection with Kazi Mohammadpur P.S. Case No. 56 of 2017 registered for the offence punishable under Sections 20, 21 and 22 of the N.D.P.S. Act.

The prosecution case, as lodged by the police Inspector-cum- officer-in-charge of the said police station, is that while the informant along with other police personnel proceeded towards station road, he saw a bag kept on a bicycle by the side of refreshing stall of Pukar Mahto. Seeing the police party two persons started fleeing away, but on chase both were apprehended,

Patna High Court Cr.Misc. No.25165 of 2017 (3) dt.03-07-2017 2/3 who disclosed their names as Arun Ram and Ravindra Ram (petitioner). On search two packets of Lavendor Agarbatti, snacks of noodles, Marie gold biscuits, a new set of Samsung mobile, charger, an old mobile of Vchat, SIM no. 7367865714, 200 gms. Charas green colour, one red colour Hero cycle, cash Rs. 290/- were recovered and seized. Accordingly, seizure list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and he has been falsely implicated.

He further submits that nothing has been recovered from the conscious possession of the petitioner and coaccused, Arun Ram has confessed that he came out of the jail few days back and was carrying the said charas and other articles, including newly bought mobile for one Vijay Sahani, who was in custody. He submits that charge-sheet has already been submitted and witnesses, who are police officials, have not supported the prosecution case and have not supported the allegation that contraband items were recovered from the possession of the petitioner, as alleged in the First Information Report. He further submits that petitioner is a Rajmistri.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the

Patna High Court Cr.Misc. No.25165 of 2017 (3) dt.03-07-2017 3/3 materials on record, let the petitioner above named 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 Special Judge-cum- Sessions Judge, Muzaffarpur in connection with Kazi Mohammadpur P.S. Case No. 56 of 2017, subject to the condition that petitioner will appear before the learned Court below during trial on each and every date and failure to appear before the learned Court below on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J.) Arjun/- U T