Patna High CourtCR. MISC./17866/2020bail granted

Abhimanyu Singh @ Mannu Singh @ Abhimanu Singh @ Abhimanu Kumar @ Mannu Singh v. The State Of Bihar

2020-06-04Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.17866 of 2020 Arising Out of PS. Case No.-619 Year-2019 Thana- GARDANIBAG District- Patna ====================================================== ABHIMANYU SINGH @ MANNU SINGH @ ABHIMANU SINGH @ ABHIMANU KUMAR @ MANNU SINGH S/o Dipak Singh @ Dipak Paswan Resident of Shivpuri Anisabad, P.S.- Gardanibagh, Distt- Patna. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Lokesh, Advocate For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-06-2020 This application has been placed for consideration by the order of the Hon'ble the Chief Justice through virtual court proceeding.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in this case is seeing regular bail in connection with Gardanibagh P.S. Case No. 619 of 2019 registered for the offence punishable under Sections 8 ( C), 21(b), 27 of Narcotic Drugs & Psychotropic Substances Act. Learned counsel for the petitioner submits that name of the petitioner has transpired in this case in the confessional statement of co-accused Radha Devi from whose possession 19.45 gram of Brown Sugar was recovered. The co-accused Guddu Kumar has already been granted bail by a learned co-

Patna High Court CR. MISC. No.17866 of 2020(2) dt.04-06-2020 2/3 ordinate Bench of this Court vide order dated 01.06.2020 passed in Cr. Misc. No. 9537 of 2020. It is submitted that the petitioner has been arrested in connection with the case mentioned in paragraph '3' and from the said case he has been taken on remand in the present case, he is in custody since 18.01.2020 in connection with this case and there being no material against him in the present case, he may be released on bail. Learned APP for the State has though opposed the prayer for regular bail of the petitioner, however, it is not disputed that from possession of the petitioner no recovery has been made.

In the given facts and circumstances of the case, considering that there is no recovery from possession of the petitioner and co-accused Guddu Kumar has already been enlarged on bail by a learned co-ordinate Bench of this Court, let the petitioner above named be released on bail in Spl. Case No. 172 of 2019 / Suppl. Of Spl. Case No. 137 of 2019 arising out of Gardanibagh P.S. Case No. 619 of 2019 on furnishing of bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction learned District & Sessions Judge, Patna, subject to the conditions as laid down under Section 437(3) of the Cr.P.C. as under:

Patna High Court CR. MISC. No.17866 of 2020(2) dt.04-06-2020 3/3 (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, oft he commission of which he is suspected, and (c) that such person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

And further condition that he will abide by and observe the guidelines and directives of the Government of India and the State Government with regard to COVID-19 Pandemic during the lockdown period. The authorities concerned shall take appropriate steps to ensure such observance prior to and after release of the petitioner. This application stands allowed.

(Rajeev Ranjan Prasad, J) avin/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.