Anil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8638 of 2022 Arising Out of PS. Case No.-236 Year-2021 Thana- SAHAR District- Bhojpur ====================================================== Anil Kumar Singh, Son Of Late Babban Singh Resident Of Village- Badki Kharaon, P.S.- Sahar, District- Bhojpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Dudh Nath Singh For the Opposite Party/s :

Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 8, 20(b)(ii)(B), 27 of the N.D.P.S. Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 01.11.2021, charge-sheet has been submitted in this case and has antecedent of two cases, but not under the N.D.P.S. Act.

Allegation in the F.I.R. is of recovery of nearly 01 kg. ganja from the possession of the petitioner.

The learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R., it would manifest that the same does not even remotely suggest

Patna High Court CR. MISC. No.8638 of 2022(2) dt.16-06-2022 2/2 that the alleged narcotic was weighed at the place of occurrence by the informant. It is next submitted that even presuming what has been alleged is true without admitting for the purposes of bail, then the alleged recovery is of small quantity. Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted in this case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with NDSL Case No.15 of 2021 arising out of Sahar P. S. Case No.236 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T