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Patna High CourtCR. MISC./1035/2020allowed

Rahul Kumar v. The State Of Bihar

2020-01-28Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1035 of 2020 Arising Out of PS. Case No.-46 Year-2019 Thana- BARAUNI RAIL P.S. District- Begusarai ====================================================== Rahul Kumar S/o Sri Valmiki Mahto R/o village- Nonpur, P.S.- Teghara, District- Begusarai ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Amit Kumar Anand, Mr. Lalmani Sharma, Advocates For the Opposite Party :

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-01-2020 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with NDPS Case No. 08 of 2019 arising out of Barauni Rail P.S. Case No. 46 of 2019 for the offence under Sections 137 and 147 of the Indian Railway Act and Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act.

Learned counsel for the petitioner submits that 81 Ativan tablets was recovered from the possession of co-accused Rudal Rai and as such the petitioner has been apprehended due to suspicion as he was in the company of co-accused Rudal Rai. Learned counsel further submits that the aforesaid co-accused Rudal Rai from whose possession 81 tablets Ativan was seized

Patna High Court CR. MISC. No.1035 of 2020(2) dt.28-01-2020 2/2 has been granted bail by a coordinate Bench of this Court vide order dated 23.10.2019 passed in Cr. Misc. No. 65830 of 2019. The petitioner is in custody since 17.04.2019. Considering the fact that nothing was recovered from conscious possession of the petitioner, the Court is inclined to grant bail to the petitioner. The petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge-cum-Special Judge, NDPS Act, Begusarai in connection with NDPS Case No. 08 of 2019 arising out of Barauni Rail P.S. Case No. 46 of 2019.

(Anil Kumar Upadhyay, J) BT/- U T