Bittu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11248 of 2020 Arising Out of PS. Case No.-50 Year-2017 Thana- RISIYAP District- Aurangabad ====================================================== Bittu Singh S/o Jai Nandan Singh R/o village- Kaura, P.S.- Jagdishpur, District- Bhojpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Economic Offence Unit, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhu Narayan Sharma For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 01-06-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State as well as Miss Soni Srivastava, learned counsel for the economic offence. Petitioner is in custody in connection with Rishiyap P.S. Case No. 50 of 2017 for the offence under section 8/20(B) (ii)(C)+25/29 of the N.D.P.S. Act.

Learned counsel appearing on behalf of the economic offence submits that petitioner is close associate of the team involved in movement of huge quantity of contraband (ganja). It is an admitted fact that nothing was recovered from the conscious possession of the petitioner. There is pending case against this petitioner but none of the case was under the Narcotic and Psychotropic Substances Act.

Miss. Soni Srivastava with reference to case diary would submit that during the course of the investigation, it

Patna High Court CR. MISC. No.11248 of 2020(3) dt.01-06-2020 2/2 transpire that the petitioner has played role in the movement of contraband and he was in regular contact with the driver and khalasi, carrying the contraband.

The petitioner is in custody since 3.9.2019. Considering the fact that nothing was recovered from the conscious possession of the petitioner and he has remained in custody since September, 2019, the court is inclined to grant bail to the petitioner, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Aurangabad cum Special Judge, NDPS Act, Aurangabad, in connection with Rishiyap P.S. Case No. 50 of 2017 subject to the condition that on release the petitioner shall render his service as volunteer in dedicated Covid hospital for a period of one month and he has to report to the Nodal Officer in the concerned region who shall utilize the service of the petitioner appropriately.

(Anil Kumar Upadhyay, J) Ravi/- U T