Abhay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6870 of 2023 Arising Out of PS. Case No.-384 Year-2022 Thana- BUXAR MUFFSIL District- Buxar ====================================================== 1.

Abhay Kumar Singh S/O Sunil Singh Resident Of Village- Majhariya, P.S.- Buxar (industrial), District- Buxar.

2.

Arun Kumar @ Arun Kumar Yadav S/O Yamuna Yadav Resident Of VillagePadari, P.S.- Buxar (industrial), District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Pandey For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 414 of the Indian Penal Code and Sections 20(B), 22(C), 25, 29 of N.D.P.S. Act.

It is a case of recovery of 121.407 kg of Ganza like narcotics substance from a Bolero vehicle bearing Reg. No. UP-32LR-8086. Apprehended persons disclosed the name of petitioners as they have ordered the

Patna High Court CR. MISC. No.6870 of 2023(2) dt.12-04-2023 2/3 recovered narcotics substance.

It is submitted by learned counsel for the petitioners that the petitioners are innocent and they have committed no offence. They have falsely been implicated in the present case. They have no concern either with the alleged recovered contraband or with the apprehended co-accused persons. Neither they are apprehended on spot not anything incriminating has been recovered from their conscious possession. Their name sprang up in this case on the confessional statement of apprehended co-accused persons. Moreover, the petitioners are languishing in judicial custody since 03.09.2022.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail.

Patna High Court CR. MISC. No.6870 of 2023(2) dt.12-04-2023 3/3 The above named petitioners are directed to be enlarged on bail in connection with Buxar (Muffasil) P.S. Case No. 384 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned District Judge-cum-Special Court, N.D.P.S., Buxar.

(Sunil Kumar Panwar, J) Nirajkrs/- U T