Rakesh Kumar @ Rakesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12918 of 2018 Arising Out of PS. Case No.-424 Year-2017 Thana- ARA NAGAR District- Bhojpur ====================================================== Rakesh Kumar @ Rakesh Kumar Singh S/o Nagendra Singh, R/o MohallaAnand Nagar, P.S.-Ara Town, Disrict-Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rina Sinha For the Opposite Party/s :

Mr. Sri Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with N.D.P.S. Case No. 30 of 2017 arising out of Ara Town P.S. Case No. 424 of 2017 registered for the offence punishable under Section 21(B) of N.D.P.S. Act. Informant is the Police Officer, who has stated in written complaint of recovery of 110 gram of Heroin from conscious possession of petitioner.

It has been submitted that the mandatory provision of N.D.P.S. Act with respect to search and seizure has not been followed by the Investigating Officer. It has been further submitted that petitioner has no criminal antecedent and he is

Patna High Court Cr.Misc. No.12918 of 2018(8) dt.13-08-2018 2/2 in custody since 14.08.2017. It has further been submitted that recovered drug is less than the commercial quantity. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Session Judge, Bhojpur, Ara, in connection with N.D.P.S. Case No. 30 of 2017 arising out of Ara Town P.S. Case No. 424 of 2017.

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