Shyam Sundar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12566 of 2019 Arising Out of PS. Case No.-336 Year-2018 Thana- NAUGACHIA District- Bhagalpur ====================================================== SHYAM SUNDAR SINGH, aged about 28 years, Male, Son of Chunchun Prasad Singh, R/o village- Gosai Gaon, P.S- Gopalpur, District- Bhagalpur ... Petitioner

Versus

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

For the Petitioner :

Mr. Amrendra Kumar, Adv.

For the Opposite Party :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 01-03-2019 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

The petitioner is languishing in judicial custody since 02.10.2018 in connection with Naugachia P.S. Case No. 336 of 2018, G.R. No. 5360 of 2018 arising out of N.D.P.S. Case No. 18 of 2018 for the offences alleged under Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act. The prosecution case, as lodged by the police personnel, is that while on patrolling duty and checking of vehicles they saw three persons on a motorcycle, while one person managed to flee away, two persons, including the petitioner, were apprehended and from a bag flung on shoulder of the petitioner 500 grams of ganja was recovered. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has been falsely implicated in the aforesaid case. He submits that the charge sheet has already been submitted and the alleged ganja seized from the possession of the petitioner is less than the

Patna High Court CR. MISC. No.12566 of 2019(2) dt.01-03-2019 2/2 commercial quantity.

However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Naugachia P.S. Case No. 336 of 2018, G.R. No. 5360 of 2018 arising out of N.D.P.S. Case No. 18 of 2018 to the satisfaction of the learned Additional District Judge, V, Bhagalpur, subject to the following conditions : (i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (ii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds. (Nilu Agrawal, J) Shamshad/- U T