Daya Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30405 of 2018 Arising Out of PS.Case No. -391 Year- 2017 Thana -SHIVSAGAR District- SASARAM (ROHTAS) ====================================================== Daya Singh Son of Heman Singh @ Thakur Singh @ Himan Singh resident of Village - Gothar, P.S. - Sheosagar (Baddi), District - Rohtas. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Ajay Kumar Tiwari For the Opposite Party/s : Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-05-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with N.D.P.S. Case No. 28 of 2017 (arising out of Sheosagar (Baddi) P.S. Case No. 391 of 2017) for the offences punishable under Sections 8(C), 20(B), 22, 27(A) of N.D.P.S. Act. It is alleged in the written report that upon receipt of secret information to the effect that Vipin Bihari Singh is indulging in sale-purchase of Ganja, the police party reached the house of Vipin Bihari Singh and recovered 5 Kg. Ganja from his house. He disclosed that aforesaid Ganja was given to him by Mantu Kumar Singh. Thereafter, police apprehended Mantu Kumar Singh, who disclosed the name of this petitioner. It is

Patna High Court Cr.Misc. No.30405 of 2018 (2) dt.22-05-2018 2/2 further alleged in the written report that police recovered 5 Kg. Ganja from Maruti vehicle and arrested three persons, namely, Sandesh Kumar Singh, Pintu Kumar Singh and Mantu Kumar Singh.

In such circumstances, it is submitted that there is no recovery of any incriminating article from the possession of this petitioner.

It is further submitted that similarly situated co-accused person has been granted bail by this Court vide order dated 26.04.2018 passed in Crl. Misc. No. 17867 of 2018. The petitioner is languishing in custody since 06.03.2018.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of 3rd Additional Sessions Judge, Rohtas at Sasaram in connection with N.D.P.S. Case No. 28 of 2017 arising out of Sheosagar (Baddi) P.S. Case No. 391 of 2017.

(Mohit Kumar Shah, J) S.Sb/- U T