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Patna High CourtCR. MISC./3807/2025bail granted

Sharvan Singh @ Sharvan Kumar @ Sharvan Kumar Singh v. The State Of Bihar

2025-02-19Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3807 of 2025 Arising Out of PS. Case No.-29 Year-2024 Thana- BARDAHA District- Araria ====================================================== Sharvan Singh @ Sharvan Kumar @ Sharvan Kumar Singh, age 26 years, Male, S/o Chandeshwar Singh R/o Village- Tira Khardah, Thengapur, Ward No.07, P.S.- Bardaha, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana, Advocate For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 19-02-2025 Heard Mr. Mukesh Kumar Rana, learned counsel appearing on behalf of the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Bardaha P.S. Case No. 29/2024 registered for the offence(s) punishable under Sections 8, 20(b),(ii)(B) of the NDPS Act.

3. As per the allegation made in the FIR, 17.5 kg. of ganja was recovered from a bag which was tied on a motorcycle.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. He further submitted that

Patna High Court CR. MISC. No.3807 of 2025(2) dt.19-02-2025 2/3 owner of the seized motorcycle is co-accused Rekha Devi, who is mother of the petitioner and being the son of the co-accused, he has been made accused in this case. He further submitted that mother of the petitioner has already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 21.10.2024 passed in Cr. Misc. No.62369 of 2024. Petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made against the petitioner and also the fact that the seized motorcycle from which recovery of alleged ganja was made, is registered in the name of the mother of the petitioner and she has already been released on pre-arrest bail, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, Araria in

Patna High Court CR. MISC. No.3807 of 2025(2) dt.19-02-2025 3/3 connection with Bardaha P.S. Case No. 29/2024, subject to the conditions as laid down under Section 482(2) of BNSS. (Purnendu Singh, J) Sanjay/- U T