Sandeep Kumar Singh @ Sandeep Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19760 of 2023 Arising Out of PS. Case No.-377 Year-2022 Thana- PAROO District- Muzaffarpur ====================================================== SANDEEP KUMAR SINGH @ SANDEEP SINGH, aged about 50 years, Male, Son of Late Fulgen Singh @ Phulendra Singh, Resident of Village - Fanda, P.S.- Paroo, District - Muzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Priyesh Kumar, Advocate For the Opposite Party :

Mrs. Indu Kumari Srivastava, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in connection with Paroo P.S. Case No. 377 of 2022 for the offence registered under Sections 08, 20(b)(ii)(c), 23(b), 29 of the N.D.P.S. Act and Sections 30(a), 31, 33 and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2018. The prosecution story, in brief, is that total 34.56 liters wine and 1.855 kg. Ganja are said to have been recovered from the house of co-accused, namely, Abhay Rai.

It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.19760 of 2023(2) dt.15-05-2023 2/3 petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is alleged that total 34.56 liters wine and 1.855 kgs. Ganja are recovered from the house of co-accused, namely, Abhay Rai. The said Ganja is below the commercial quantity. Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act and 100 of Cr.P.C. The petitioner is named in the F.I.R. The name of the petitioner has transpired in the present case on the basis of confessional statement of the co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case.

Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. Learned counsel for the petitioner has placed reliance upon the order dated 13.04.2022 passed by the Hon'ble Supreme Court in Criminal Appeal No. 626 of 2022, arising out of SLP (Crl.) No. 3005 of 2022 (Sweta Kumari-Versus-The State of Bihar).

Patna High Court CR. MISC. No.19760 of 2023(2) dt.15-05-2023 3/3 On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Court below/concerned Court, in connection with Paroo P.S. Case No. 377 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T