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Neeraj Kumar vs State Of Bihar on 3 July, 2009

Patna High Court - Orders


Neeraj Kumar vs State Of Bihar on 3 July, 2009
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No.2040 of 2009
NEERAJ KUMAR, Son of Devnandan Mahto, Resident of Chorniya, P.S.-
Mahanpur, District-Gaya. . . . . . . Petitioner.
Versus
STATE OF BIHAR
-----------

4/ 03.07.2009 Heard learned counsel for the petitioner and the State.

Petitioner is apprehending his arrest in connection with a case registered for the offence under
Sections 20(b)(ii) of the N.D.P.S. Act as it appears from the First Information Report that he was
also traveling in same train compartment from which the psychotropic substance 'Ganja' was
recovered.

It is submitted on behalf of the petitioner that prosecution story as stated in the First Information
Report is absolutely false, as the police party had entered in the compartment from both sides and
there was no occasion for any of the passengers in the compartment to escape. With reference to
aforesaid circumstance, it is submitted that the allegation is absolutely false and has been levelled by
the co- accused Upendra Kumar against whom petitioner had filed informatory petition no.399 of
2008 before the S.D.M. Sherghati as they were on inimical terms and Upendra Kumar was likely to
implicate the petitioner when he himself is caught conducting nefarious activity.

Let the petitioner surrender in the court below within four weeks from today and if the court below
is satisfied about the genuineness of the informatory petition no. 399 of 2008, petitioner be
admitted to the privilege of bail on furnishing bail bond of Rs. 5,000/- (Rs. Five thousand) with two
sureties of the like amount each to the satisfaction of Sessions Judge, Gaya in connection with Gaya
Rail Police Case No. 94 of 2008, as it is said that his antecedent is absolutely clean. Until such
verification of genuineness of the informatory petition no. 399 of 2008(Annexure-2), no coercive
steps be taken.

(V. N. Sinha, J.) Uday/

Indian Kanoon - http://indiankanoon.org/doc/71657568/ 1

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