Jitendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13892 of 2023 Arising Out of PS. Case No.-476 Year-2022 Thana- CHHATAUNI District- East Champaran ====================================================== Jitendra Singh S/O Late Ramanand Singh Resident Of Village-Kuwarpur, Ward No.-1, P.S.- Pipra, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2023 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 section 414 of the of the Indian Penal Code and Section 8(c), 21(c) of the N.D.P.S. Act.

Prosecution case relates to recovery of 100 gram Brown sugar from possession of this petitioner and also 100 gram brown sugar from his motorcycle bearing Registration no. BR06CK-0413.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case. A statement has been made in para-3 of the petition that the

Patna High Court CR. MISC. No.13892 of 2023(2) dt.26-04-2023 2/2 petitioner has got no criminal antecedent. Petitioner has no concern with the alleged seized motorcycle or with the contraband substance and the same is alleged to be total 200 grams which does not come under purview of commercial quantity as per N.D.P.S. Act. It is further submitted that the petitioner is languishing in judicial custody since 8.9.2022. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of 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 Chhatauni P.S. Case No. 476 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 5th Additional Sessions Judge, Motihari, East Champaran.

(Sunil Kumar Panwar, J) Amandeep/- U T