Allowed

Kamlesh Ray v. The State Of Bihar

Patna HC3 Aug 2017CR. MISC./26507/2017

Case brief

AI extract

What is this about?

The Patna High Court granted bail to the petitioner in connection with an NDPS case. Although not named in the FIR, the petitioner was in custody based on a co-accused's statement. The court was satisfied with the arguments and records to release him on bail.

What did the court decide?

Release on bail upon furnishing bond of Rs. 25,000 with two sureties of Rs. 25,000 each and compliance with standard conditions.

Kamlesh Ray Vs The State Of Bihar — Narcotics (NDPS) | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.26507 of 2017

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Arising Out of PS.Case No. -4 Year- 2013 Thana -PANCHRUKHI District- SIWAN

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======================================================

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Kamlesh Ray, son of sri Bachan ray, resident of Village-Ajayabganj, Police Station-Bhagwan Bazar, District-Chapra (Saran).

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.... .... Petitioner

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The State of Bihar

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Versus .... .... Opposite Party

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====================================================== Appearance : For the Petitioner/s : Mr. Amir Alam For the Opposite Party/s : Mr. Prem Kumar Jha

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====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

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5 03-08-2017 Heard learned counsel for the petitioner.

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This is an application for bail in connection with Pachrukhi P.S.Case No. 4 of 2013 registered for the offences punishable under Sections 279, 337, 338, 427 of the Indian Penal Code and 20/22 of N.D.P.S. Act.

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Petitioner is not named in the FIR and as per FIR vehicle was intercepted and ganja was recovered from the vehicle and name of petitioner transpires in the confessional statement of co-accused.

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It has been submitted on behalf of the petitioner that except confessional statement there is nothing against the petitioner and petitioner is in custody since 30.11.2016 having clean antecedent.

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Heard learned APP also, who could not controvert the above submission.

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Having heard both sides and considering the aforesaid

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Patna High Court Cr.Misc. No.26507 of 2017 (5) dt.03-08-2017

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2/2

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facts and circumstances, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the 1^st Additional Sessions Judge, Siwan, in connection with N.D.P.S. Trial No. 93 of 2017, arising out of Pachrukhi P.S.Case No. 4 of 2013, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court. (ii) The petitioner will not induce any witness or tamper with the evidence. (iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

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(Vinod Kumar Sinha, J)

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spal/-

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Kamlesh Ray v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Kamlesh Ray v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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