Allowed

Raja Babu @ Raja @ Satyadev Kumar v. the State of Bihar

Patna HC23 Aug 2023CR. MISC./54589/2023

Case brief

AI extract

What is this about?

The High Court of Patna granted pre-arrest bail to the petitioner in an NDPS case. The court considered the nature of allegations, the absence of incriminating evidence from the petitioner, and the fact that a co-accused had been released on bail.

What did the court decide?

Petitioner released on bail bond of Rs. 10,000 with two sureties of similar amount, upon surrender within four weeks.

Raja Babu @ Raja @ Satyadev Kumar Vs the State of Bihar — Narcotics (NDPS) | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.54589 of 2023

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Arising Out of PS. Case No.-401 Year-2022 Thana- RAXAUL District- East Champaran

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

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Raja Babu @ Raja @ Satyadev Kumar, S/O Jagdish Sah @ Ratan Prasad Resident Of Village- Mauze- Ward No- 20, Raxaul, Police Station- Raxaul, Distt- East Champaran.

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... ... Petitioner

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Versus

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

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... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Asif Kalim, Advocate For the Opposite Party/s : Mr. Md. Aslam Ansari, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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2 23-08-2023

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Heard Mr. Asif Kalim, learned counsel appearing

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on behalf of the petitioner and Mr. Md. Aslam Ansari, learned A.P.P. for the State.

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The petitioner apprehends his arrest in connection with Raxaul P.S. Case No. 401 of 2022, registered under Section 21(b) of the NDPS Act.

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The prosecution case, in brief, is that huge quantity of prohibited drugs of different commercial names, containing certain quantity of methyl morphine, have been recovered from the house of co-accused Rambharosh Prasad.

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Learned counsel appearing on behalf of the petitioner submitted that Police officer was not authorized to conduct raid and lodge F.I.R. for the offences mentioned under chapter IV of the Drugs and Cosmetics Act. He further submits

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Patna High Court CR. MISC. No.54589 of 2023(2) dt.23-08-2023 2/3

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that petitioner is not named in the F.I.R. and the alleged recovery has been made from the house of co-accused Rambharosh Prasad. The specific allegation against the petitioner is that he had made certain phone calls to him being neighbour. The petitioner is not involved in selling of any prohibited items. He further submitted that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent. He further submitted that similarly situated coaccused namely Jitendra @ Jitendra Prasad @ Jitendra Kumar has already been granted pre-arrest bail by a co-ordinate Bench of this Court on 16.05.2023 passed in Criminal Miscellaneous No. 11167 of 2023.

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Learned A.P.P. for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

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Considering the nature of allegation and the material available on the record and the fact that the other coaccused has already been released on pre-arrest bail, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount

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Patna High Court CR. MISC. No.54589 of 2023(2) dt.23-08-2023 3/3

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each to the satisfaction of learned Special Judge-cum-1st Additional Sessions Judge, East Champaran at Motihari in connection with Raxaul P.S. Case No. 401 of 2022 (NDPS Case No. 102/2022), subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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(Purnendu Singh, J)

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manish/-

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U T

Raja Babu @ Raja @ Satyadev Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Raja Babu @ Raja @ Satyadev Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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