Allowed

Raj Kapur Kumar v. The State Of Bihar

Patna HC19 Apr 2018CR. MISC./22175/2018

Case brief

AI extract

What is this about?

In a criminal miscellaneous matter, the Patna High Court granted bail to the petitioner, accused of possessing arms and narcotics, upon payment of a bail bond and ensuring one surety is a close relative with immovable property.

What did the court decide?

Enlargement of the petitioner on bail on furnishing a bond of Rs. 10,000 with two sureties, one being a close relative with immovable property.

Raj Kapur Kumar Vs The State Of Bihar — Narcotics (NDPS) | Patna HC (2018)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22175 of 2018

¶2

Arising Out of PS. Case No.-95 Year-2017 Thana- MAHUA District- Vaishali

¶3

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

¶4

Raj Kapur Kumar S/o Julum Sah R/o Village- Patepur, P.S. Kartaha, DistrictVaishali.

... ... 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 Anurag Singh ======================================================

¶9

CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER

¶10

2 19-04-2018

¶11

Heard learned counsel for the petitioner and

¶12

learned APP for the State.

¶13

Petitioner is languishing in judicial custody since 12.04.2017 in connection with Mahua P.S. Case No. 95 of 2017 for offences punishable under Sections 25(1-B)A, 26/35 of the Arms Act and Sections 8/20 (b)(ii) (c) of the N.D.P.S. Act.

¶14

The prosecution case, as lodged by the police personnel, is that on a secret tip off that some miscreants have planned to commit crime, the police team apprehended two persons including the petitioner and from the possession of the petitioner two live cartridges were recovered and in the mango garden two bags in which 10.500 kg and 11 kg. of ganja respectively was

¶15

Patna High Court Cr.Misc. No.22175 of 2018(2) dt.19-04-2018 2/3

¶16

recovered. Accordingly, a seizure-list was prepared.

¶17

It has been submitted by the learned counsel

¶18

for the petitioner that he is innocent, the cases lodged against him are against unknown and he has been falsely implicated in the aforesaid case because of highhandedness of the police officials. He submits that charge-sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner. It is further submitted that one of the coaccused apprehended along with the petitioner has since been granted privilege of bail by a coordinate Bench of this Court in Cr. Misc. No. 60262 of 2017 vide order dated 15.02.2018.

¶19

However, learned APP for the State opposes the prayer for bail.

¶20

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-1 cum Special Judge, Vaishali at Hajipur, in connection with Mahua P.S. Case No. 95 of 2017, subject to the condition

¶21

Patna High Court Cr.Misc. No.22175 of 2018(2) dt.19-04-2018 3/3

¶22

that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

¶23

(Nilu Agrawal, J)

¶24

Rajesh/-

¶25

U T

Raj Kapur Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Raj Kapur Kumar v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dinesh Bind Vs The State Of Bihar

Kaushal Singh @ Kaushal Kishore Vs State Of Bihar and Anr.

Amit Kumar Singh @ Amit Kumar Vs The State Of Bihar

Arup Kumar Ghosh @ Arup Ghosh Vs The State Of Bihar

Ugo Yadav Vs The State Of Bihar

Premchand Chaudhary Vs The State Of Bihar