Kameshwar Singh @ Vane Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16362 of 2019 Arising Out of PS. Case No.-118 Year-2018 Thana- SANJHOLI District- Rohtas ====================================================== KAMESHWAR SINGH @ VANE SINGH, son of Late Ramvachan Singh, resident of Village Sanjhauli, P.S. Sanjhauli, District Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 27-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 01.01.2019 in connection with Sanjhauli P.S. Case No. 118 of 2018 for offences punishable under Sections 8(b)(II)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The prosecution case, as lodged by the police personnel, is that on secret information that the petitioner is selling contraband item from his kirana shop, a raid was conducted in the shop and house of the petitioner and from the house 400 gms of substance like ganja was recovered. Accordingly, a seizure-list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history

Patna High Court CR. MISC. No.16362 of 2019(2) dt.27-03-2019 2/3 and being on inimical terms with the local villagers, who had business competition with the petitioner, he has been falsely implicated in the aforesaid case. It is submitted that no FSL report has been obtained regarding the seized contraband item whether it was ganja or not and that charge-sheet has already been submitted there being no allegation of tampering with the prosecution witnesses.

However, learned APP for the State opposes the prayer for bail.

Considering the nature of allegations and the materials on record, let petitioner, above named, be enlarged on bail 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, Rohtas at Sasaram, in connection with Sanjhauli P.S. Case No. 118 of 2018, subject to the following conditions :

1.

One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

2.

If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to

Patna High Court CR. MISC. No.16362 of 2019(2) dt.27-03-2019 3/3 move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T