Abhimanyu Singh @ Mannu Singh @ Abhimanu Singh @ Mannu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13170 of 2020 Arising Out of PS. Case No.-612 Year-2019 Thana- PIRBAHOR District- Patna ====================================================== ABHIMANYU SINGH @ MANNU SINGH @ ABHIMANU SINGH @ MANNU SINGH Son of Dipak Singh Resident of Village - Shivpuri Anisabad (Urantola), P.S.- Gardanibagh, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Adv.

For the Opposite Party/s :

Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-07-2020 Heard learned counsel Sri Yogesh Chandra Verma appearing for petitioner as well as Sri Uday Chand Prasad learned Additional Public Prosecutor appearing for State through video conferencing.

Petitioner apprehends his arrest in connection with Special Case No.170/2019 arising out of Pirbahore P.S. Case No.612 of 2019 registered for the offences punishable under Sections 20,21,22 of Narcotic Drug and Psychotropic Substance (NDPS) Act, 1985.

In huge quantity the brown sugar is said to have been recovered from a vehicle and driver and two persons of the aforesaid vehicle were arrested. The driver and the apprehended person disclosed that the vehicle belongs to petitioner who also involved in smuggling of brown sugar. Furthermore, two mobile

Patna High Court CR. MISC. No.13170 of 2020(3) dt.09-07-2020 2/3 sets were recovered from possession of apprehended persons. The house of the petitioner was raided but nothing was found from the house of petitioner.

Learned counsel appearing for petitioner submits that the seized vehicle has been purchased by the petitioner and as a matter of fact there is nothing on the entire case diary which shows that the petitioner was involved in sell of brown sugar. He further submits that so far as Gardanibagh P.S. Case No.619 of 2019 is concerned, the same is nothing but only the highhandedness of the police.

On the other hand, learned Additional Public Prosecutor opposed the prayer on the ground that petitioner does have criminal antecedent of similar nature and the apprehended accused disclosed the name of the petitioner. The perusal of case diary goes to show that the investigation against the petitioner has already been completed and except one criminal antecedent of same nature, confessional statement of apprehended accused as well as use of vehicle of the petitioner in the alleged crime, there appears to be nothing against the petitioner. Moreover, the investigation against him has already been completed. Accordingly, let petitioner in the event of his arrest/surrender within six weeks from the date of

Patna High Court CR. MISC. No.13170 of 2020(3) dt.09-07-2020 3/3 receipt of this order to the Court concerned, shall be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) within two sureties of the like amount each to the satisfaction of learned District & Sessions Judge, Patna or his successor in connection with Special Case No.170/2019 arising out of Pirbahore P.S. Case No.612 of 2019, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) Prakash Narayan /- U T