Ajay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4851 of 2018 Arising Out of PS.Case No. -190 Year- 2017 Thana -BIHIYA District- BHOJPUR ====================================================== Ajay Singh, Son of Late Mukhram Singh, resident of VillageMakhdumpur, P.S. Bihiya, District- Bhojpur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Uday Singh For the Opposite Party/s : Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2, 02-02-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner, in the present case, is seeking regular bail in connection with N.D.P.S. Case No. 22/2017 arising out of Bihiya P.S. Case No. 190/2017 registered for the offence punishable under Sections 20 & 22 of the N.D.P.S. Act.

Learned counsel for the petitioner specifically submits that, as per the F.I.R., the Ganja has been recovered from the pick-up Van and two persons who were there in the pick-up Van have been identified as Guddu Rai and Md. Allauddin (driver). The allegation against this petitioner is that he was showing them the way riding on a motorcycle but in course of search nothing incriminating has been recovered from the motorcycle of

Patna High Court Cr.Misc. No.4851 of 2018 (2) dt.02-02-2018 this petitioner. Learned counsel submits that this is a case of false implication and the petitioner has no connection with the said pick-up Van because he is not owner of the same nor he has any relationship with other two accused. Learned counsel further submits that this petitioner has no criminal antecedent.

Learned Additional Public Prosecutor for the State is present and submits that so far as this petitioner is concerned, from F.I.R., it appears that he was not in the pick-up Van.

Considering the facts and circumstances of the case and materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 15,000/- (Rupees fifteen thousand only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge I/c, Ara, in connection with N.D.P.S. Case No. 22/2017 arising out of Bihiya P.S. Case No. 190/2017, subject to condition as laid down under Section 437(3) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J.) Rajeev/- U T