Raja @ Raja Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62362 of 2018 Arising Out of PS. Case No.-373 Year-2017 Thana- BETTIAH CITY District- West Champaran ====================================================== Raja @ Raja Ram S/o Mohan Ram, R/o Vill.- Purvi Kargahiya, P.S.- Bettiah Muffasil, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-12-2018 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 401 of the IPC and Sections 20,22,23,24,27A and 29 of the NDPS Act. The prosecution case as per the self-statement of SI Nityanand Chouhan, SHO, Bettiah Town Police Station is to the effect that on 24.5.2017 at 4 P.M., raid was laid when two persons were apprehended and two persons fled away. The apprehended persons disclosed their names as Laddan Sah alias Laddu and Mukesh Ram and from their possession, 200 grams Charas each were recovered. They also disclosed the names of co-accused Rahul Sah and Raja, the petitioner. It is submitted by learned counsel for the petitioner that

Patna High Court Cr.Misc. No.62362 of 2018(2) dt.11-12-2018 2/3 there is no recovery of contraband from the possession of the petitioner. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Mr. J.N. Thakur, learned APP submits that though no recovery has been made from the petitioner but he has been named by the apprehended accused.

Considering the fact that there is no recovery of contraband from the possession of the petitioner and statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned District and Sessions Judge, West Champaran at Bettiah, in connection with Bettiah Town P.S. Case No.373 of 2017 subject to the conditions laid down in Section 438(2) of the Cr.P.C.

The bail bond of the petitioner will be accepted by the learned court below on filing an affidavit to the effect that the petitioner will cooperate in the investigation. Non-cooperation in the investigation will give liberty to the prosecution to file

Patna High Court Cr.Misc. No.62362 of 2018(2) dt.11-12-2018 3/3 application for cancellation of bail of the petitioner. (Dinesh Kumar Singh, J) anil/- U