Murari Kumar Singh @ Murari Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17019 of 2024 Arising Out of PS. Case No.-329 Year-2023 Thana- TEGHRHA District- Begusarai ====================================================== Murari Kumar Singh @ Murari Kumar Son Of Rajeeb Kumar Singh @ Rajeev Kumar Singh @ Rajeev Kumar @ Rajeev Kumar Resident Of VillageHasanpur, Ward No. 03, Ps- Teghra, Dist- Begusarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 17135 of 2024 Arising Out of PS. Case No.-329 Year-2023 Thana- TEGHRHA District- Begusarai ====================================================== Rahul Kumar @ Sudho S/o Yashvant Singh @ Yeshwant Kumar Singh R/o vill - Hasanpur, ward no. 3, P.S. - Teghra, Distt. - Begusarai ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 17019 of 2024) For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Umesh Lal Verma (In CRIMINAL MISCELLANEOUS No. 17135 of 2024) For the Petitioner/s :

Mr.Amar Kumar Singh For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 20,

Patna High Court CR. MISC. No.17019 of 2024(2) dt.14-03-2024 2/3 22(b) and 25(A) of the NDPS Act.

3. Prosecution case relates to recovery of total 13.96 grams of heroin like intoxicating substance from the possession of the petitioners. Police seized three motorcycles from their possession.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. It is further submitted that they have no concern with the seized motorcycle. The recovered heroin like intoxicating substance does not come within the purview of commercial quantity as per NDPS Act. There is no independent witness of the seizure list rather they are police personnel. Moreover, they are languishing in judicial custody since 30.10.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail after framing of charge if the charge is not framed in connection with Teghra P.S. Case No. 329 of

Patna High Court CR. MISC. No.17019 of 2024(2) dt.14-03-2024 3/3 2023 each of them on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Begusarai. (Sunil Kumar Panwar, J) Shubham/- U T