Shiv Balak Singh @ Shivalak Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12686 of 2023 Arising Out of PS. Case No.-43 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== Shiv Balak Singh @ Shivalak Singh Son Of Late Jaimangal Singh Resident Of Village- Daudnagar, P.S.- Bidupur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hemant Kumar For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 20, 21, 22 and 23 of the N.D.P.S. Act.

Prosecution case relates to recovery of 29 kg and 150 grams of ganja like intoxicating substance from joint possession of the petitioner along with his brothers which is said to bathan from where the recovery has been made.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that neither the petitioner was apprehended on spot nor he was

Patna High Court CR. MISC. No.12686 of 2023(5) dt.07-08-2023 2/3 residing in that place. It is also submitted that during investigation, I.O. recorded statement of the independent witness who said that from where the recovery has been made, is joint possession of the petitioner along with his brothers and these facts came from the para-116 and 117 of the case diary. Further, the charge sheet has been submitted without FSL in respect of recovered ganja like intoxicating substance because the charge sheet has been submitted on 30.11.2022 whereas the FSL report has received on 31.01.2023 in which Ganja Tetrahydrocannabinol (T.H.C.) has been detected. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he has suo motu surrendered on 22.09.2022 since then he is languishing in judicial custody.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the incriminating ganja like substance was recovered from the bathan of the petitioner. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bidupur P.S. Case No. 43 of

Patna High Court CR. MISC. No.12686 of 2023(5) dt.07-08-2023 3/3 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Vaishali at Hajipur. (Sunil Kumar Panwar, J) shubham/- U T