Rahul @ Baua v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57060 of 2018 Arising Out of PS.Case No. -439 Year- 2017 Thana -AGAMKUAN District- PATNA ====================================================== Rahul @ Baua s/o Arjun Prasad @ Arjun Das, R/o Mohalla- Pani Tanki, Padri Ki Haweli, P.S.- Khajekalan, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Mouar, Adv. For the Opposite Party/s : Mr. Kumar Virendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-10-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Special Case No. 134/2017 arising out of Agamkuan P.S. Case No. 439/2017, registered for the offences punishable under Sections 20, 21 and 22 of the N.D.P.S. Act.

Allegation is recovery of 500 gms of Charas from the waist of Ravi Kumar @ Singharawa who disclosed that he was going to deliver the said Ganja to Rahul @ Baua (petitioner) given by one Shivam.

It has been submitted that petitioner has falsely been implicated in this case. Nothing has been recovered from the possession of petitioner. His name has surfaced in this case on

Patna High Court Cr.Misc. No.57060 of 2018 (3) dt.08-10-2018 2/3 confession of co-accused Ravi Kumar @ Singharawa. He has no concern either with the recovered Charas or with the apprehended person.

Petitioner has been remanded in this case on 26.05.2018 since then he is in custody.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of District & Sessions Judge-cumSpecial Judge N.D.P.S. Act, Patna in connection with Special Case No. 134/2017 arising out of Agamkuan P.S. Case No. 439/2017, subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(3.) If the petitioner tampers with the evidence

Patna High Court Cr.Misc. No.57060 of 2018 (3) dt.08-10-2018 3/3 or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T