Mousam Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4875 of 2022 Arising Out of PS. Case No.-542 Year-2021 Thana- BUXAR District- Buxar ====================================================== Mousam Singh S/o Late Jhuna Singh Resident of Mohalla- Shanti Nagar, Ward No.34, P.S.- Buxar (Town), District- Buxar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar Gupta, Advocate For the Opposite Party/s :
Mr. Jagdhar Prasad, App ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Buxar (Town) P.S. Case No. 542 of 2021 instituted for the offences under Sections 21, 22 and 27 of Narcotic Drugs and Psychotropic Substances Act.
Learned counsel for the petitioner submits that the petitioner is in custody since 27.11.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that allegation is recovery of 16.45 grams Heroine like intoxicating substance kept in 43 Pudiya/Sachet of white paper kept in 01 black coloured panni placed in his right pocket of black coloured trouser and Rs. 2,000/- from the left pocket of the
Patna High Court CR. MISC. No.4875 of 2022(2) dt.07-06-2022 2/2 petitioner.
Learned counsel for the petitioner further submits that the petitioner is innocent and has committed no offence as alleged in the F.I.R. It is further submitted that the seized articles were neither taken by police from nor seized articles were sent to examine in the laboratory. Further, it is submitted that from perusal of the seizure list, it appears that P.S. Case No. is mentioned on it which falsifies the prosecution story. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.
Considering the fact that the petitioner is in custody since 27.11.2021, charge-sheet has been submitted in the case and the petitioner is a person with clean antecedent, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge, N.D.P.S., Act, Buxar in connection with Buxar (Town) P.S. Case No. 542 of 2021.
(Khatim Reza, J) Gaurav Kumar/- U T