Tejinder Singh @ Tijindra Singh And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44987 of 2017 Arising Out of PS. Case No.-316 Year-2017 Thana- BARACHATTI District- Gaya ====================================================== 1.

Tejinder Singh @ Tijindra Singh, Son of Gurpej Singh, 2.

Raju Singh Son of Pritam Singh Both R/o Village- Abohar, P.S.- Abohar, District- Fazilka, State Punjab.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Union of India.

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

For the Petitioner/s :

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

Mr. SRI SANJAY KUMAR SHARMA For the U.O.I. : Mrs. Shail Kumari, C.G.C. =========================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Union of India. The Petitioner who is in custody seeks bail in connection with Barachatti P.S. Case No. 316 of 2017 registered for the offence punishable under Sections 15, 18 and 20 of the Narcotic Drugs and Psychotropic Substances Act. Allegation against the petitioners is that one kilogram of Doda powder was concealed in the Cabin of the truck by them.

It has been submitted on behalf of the petitioners that nothing has been recovered from the conscious possession of the petitioners and they have been falsely implicated in this

Patna High Court Cr.Misc. No.44987 of 2017(2) dt.21-09-2017 2/2 case. Learned counsel for the petitioners has submitted that the mandatory requirement of the provision of the NDPS Act has not been followed in this case. It has been further submitted that similarly situated co-accused person namely Sitan Yadav @ Sikan Yadav has been granted bail by a co-ordinate bench of this Court vide order dated 19.08.2017 passed in Criminal Miscellaneous No. 39234 of 2017. The petitioners have got no criminal antecedent and are in custody since, 01.06.2017. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Gaya in connection with Barachatti P.S. Case No. 316 of 2017.

(S. Kumar, J) ranjan/- U