Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85953 of 2023 Arising Out of PS. Case No.-334 Year-2022 Thana- NADI P.S. District- Patna ====================================================== Rajesh Kumar SON OF RAMBALI RAY RESIDENT OF VILLAGEJETHULI, PS- NADI, DISTT- PATNA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kamal Kishor Kumar, Advocate For the Opposite Party/s :
Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in Nadi P.S. Case No. 334/2022 registered for the offences punishable under Sections 08, 20, 22, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. Altogether 25.600 kg ganja has been recovered near the house of co-accused Raju Kumar Rai, who was apprehended on the spot and disclosed the name of the petitioner and other co-accused.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that no incriminating article has been recovered from the conscious possession of the petitioner. He further submits
Patna High Court CR. MISC. No.85953 of 2023(3) dt.19-04-2024 2/2 that no independent witness has put signature on the seizure list. Hence, in preparing the seizure list there is complete violation of Section 50 of the N.D.P.S. Act.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Nadi P.S. Case No. 334/2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna City, Patna subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
7. This application stands allowed.
(Sunil Kumar Panwar, J) tusharika/- U T