Praveen Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53394 of 2017 Arising out of PS.Case No. -34 Year- 2017 Thana -NTPC KHAIRA District- AURANGABAD ====================================================== Praveen Kumar son of Sri Bishnudeo Singh @ Bishundeo Singh, villageKanker, P.S. Navinagar (Badem O.P.), District-Aurangabad (Bihar) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with N.T.P.C. Khaira P.S. Case No. 34 of 2017 for the offence under Section 20/22 of the NDPS Act.

The allegation levelled by the prosecution is that while the persons were fleeing away on a motorcycle the police party apprehended the said motorcycle and while the driver managed to escape, the pillion driver was caught and he disclosed his name as Bishundeo Yadav Singh. Upon search, nine kg. ganja was recovered. The said apprehended person disclosed that the person who had fled away is the petitioner herein.

The learned counsel for the petitioners submits that the petitioner has been falsely implicated by his own father whereas

Patna High Court Cr.Misc. No.53394 of 2017 (2) dt.09-11-2017 2/2 the fact is that his brother Jai Ram Singh was the driver of the said vehicle and as well as he is the owner of the said vehicle. It is further submitted that the petitioner has clean antecedent and he is in custody since 24.07.2017.

Having regard to the facts and circumstances of the case, petitioner Praveen Kumar 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 learned Session Judge cum Special Judge (NDPS), Aurangabad in connection with N.T.P.C. Khaira P.S. Case No. 34 of 2017. It is made clear that the grant of bail to the present petitioner would not be construed as the expression of any opinion on the merits of the case as far as the other persons are concerned. (Mohit Kumar Shah, J) S.Sb/- U T