Raj Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48657 of 2018 Arising Out of PS.Case No. -269 Year- 2017 Thana -GAYA GRP CASE District- GAYA ======================================================

1. Raj Kumar Ray Son of Bishwanath Ray Resident of Village Station Road Kachi Dargah Fatuha P.S. Fatuha, District Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s : Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-09-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Gaya GRP P.S. Case No. 269 of 2017 instituted for the offence under Sections 8/20(b) IIC of NDPS Act and Section 120B of the Indian Penal Code. Counsel for the petitioner submits that petitioner is in custody since 26.03.2018.

In the written report it is alleged that police party reached at Platform No. 1 of Gaya Railway Station on getting confidential information and saw ten jute bags in sealed condition. The Commercial Supervisor of Railway disclosed that these items have come from Howrah Gaya Passenger train. It belongs to Lease Agent Kartik Prasad. The said Kartik Prasad was present at the Station. On seeing the police party, he started

Patna High Court Cr.Misc. No.48657 of 2018 (3) dt.25-09-2018 2/2 running away. He was apprehended by the police. He disclosed that all ten bags containing Ganja belongs to the petitioner who has handed over the same to someone.

Counsel for the petitioner submits that from the written report it appears that Kartik Prasad was apprehended by the police with 400 kg. of Ganja and he was arrested. He disclosed the name of this petitioner. There is no recovery from possession of the petitioner. Counsel for the petitioner further submits that co-accused Kartik Prasad has already been granted bail by a coordinate Bench of this Court vide order dated 06.03.2018 passed in Cr. Misc. 61898 of 2017.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, 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 Sessions Judge, Gaya, in connection with Gaya GRP P.S. Case No. 269 of 2017, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T