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Patna High CourtCR. MISC./618/2024allowed

Rajesh Ram @ Rajesh Kumar v. The State Of Bihar

2024-01-29Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.618 of 2024 Arising Out of PS. Case No.-685 Year-2021 Thana- SARAIYA District- Muzaffarpur ====================================================== Rajesh Ram @ Rajesh Kumar, son of Nagina Ram, r/v- Pokhraira, P.S.- Saraiya, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar, Advocate For the Opposite Party/s :

Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Saraiya P.S. Case No. 685 of 2021 for the offences registered under Sections 414/34 of the Indian Penal Code and Sections 20/22 of the N.D.P.S. Act.

3. As per the prosecution case, there is recovery of 7gm Smack from the pocket of the petitioner and a motorcycle.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The recovered smack is just above the small quantity. Petitioner has two criminal antecedents which do not belong to N.D.P.S. Act. He is in custody since 01.07.2023. Charge-sheet has already been submitted in this case. There is no chance of

Patna High Court CR. MISC. No.618 of 2024(2) dt.29-01-2024 2/2 tampering with the evidence or absconding of the petitioner.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged 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 concerned Court where the case is pending in connection with Saraiya P.S. Case No. 685 of 2021, subject to following conditions:- (I) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(II) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (Sunil Dutta Mishra, J) rakhi/- U T