Kamlesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5093 of 2022 Arising Out of PS. Case No.-385 Year-2021 Thana- UDWANTNAGAR District- Bhojpur ====================================================== KAMLESH SINGH Son of Brij Nandan Singh Resident of Village - Chhota Sasaram, P.S.- Udwantnagar (Gajrajganj), Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rina Sinha, Adv.

For the Opposite Party/s :

Dr. (Mrs.) Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-05-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 20(b)(i)(A) and 21(a) of the N.D.P.S Act.

As per the prosecution case, 3.7 grams of Heroine and 34 grams of Ganja was recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from his possession. He has been falsely implicated in the case. Even as per the allegation, the alleged recovery is below the small quantity. The petitioner has remained in custody since 7.9.2021 and chargesheet has been submitted in the case. The petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.5093 of 2022(2) dt.16-05-2022 2/2 It is further submitted by learned counsel for the petitioner that an affidavit has been filed in this case sworn by the brother-in-law of the petitioner stating therein about the father of the petitioner having died on 9.5.2022. The affidavit is taken on record.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the alleged quantity of recovery of the Narcotic Substance being below the small quantity, the petitioner having remained in custody for 8 months and not having any criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with N.D.P.S. Case no.6 of 2021 (arising out of Udwantnagar P.S. Case no.385 of 2021) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Bhojpur at Ara.

(Partha Sarthy, J) Saurabh/- U T