Nitesh Singh @ Bala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6627 of 2023 Arising Out of PS. Case No.-1283 Year-2022 Thana- KHAJANCHI HAT District- Purnia ====================================================== NITESH SINGH @ BALA Son of Sri Mithilesh Kumar Singh R/o MohallaRamnagar, P.S- K. Hat, Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-05-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with K. Hat (Maranga) P.S. Case No. 1283 of 2022, registered for the offences punishable under Sections 8(c) and 21(b) of the N.D.P.S Act, Purnea.

The seven named accused persons were arrested by the police and some contrabands were recovered from the possession of each named accused persons. As per allegation, 10 grams of Brown Sugar was recovered from possession of the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The quantity, which has been alleged to have been recovered from possession of the petitioner, is much below than the commercial quantity. He has submitted further that on the similar allegation, other co-accused persons have been granted

Patna High Court CR. MISC. No.6627 of 2023(2) dt.11-05-2023 2/2 bail by the co-ordinate Benches of this Court in Cr. Misc. Nos. 8083, 8381, 7494 and 14230 of 2023. The petitioner is under custody since 28.11.2022.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned Special Judge, N.D.P.S Act, Purnea in connection with K. Hat (Maranga) P.S. Case No. 1283 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Nirmal/Kundan U T