Patna High CourtCR. MISC./20765/2023allowed

Ranjay Singh @ Niranjan Kumar Singh v. The State Of Bihar

2023-07-17Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19423 of 2023 Arising Out of PS. Case No.-21 Year-2023 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== ALOK KUMAR S/O- LATE SHANKAR RAM Village- Sikathi Ps-Bhabua Dist- Kaimur at Bhabua ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 20765 of 2023 Arising Out of PS. Case No.-21 Year-2023 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== RANJAY SINGH @ NIRANJAN KUMAR SINGH Son of Rajendra Singh R/V- Sikthi, P.S- Bhabua, Dist-Kaimur (Bhabua) ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 19423 of 2023) For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.Sanjay Kumar Singh (In CRIMINAL MISCELLANEOUS No. 20765 of 2023) For the Petitioner/s :

Mr.Kumar Sunil For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 8(c), 21B, 27A, of the NDPS Act.

As per prosecution case, both the petitioners were

Patna High Court CR. MISC. No.19423 of 2023(3) dt.17-07-2023 2/3 apprehended on the spot and from their possession total 36 grams smack like substance was recovered.

Learned counsel for the petitioners submit that the petitioners are innocent and has committed no offence. They have falsely been implicated in this case due to high handedness of the police officials. The petitioners have no concern with the alleged recovery and the recovered 36 grams smack like substance does not come within the purview of commercial quantity. It is further submitted that the seizure list has not been prepared as per provision of Section 50 of the NDPS Act. Moreover, the petitioners are languishing in judicial custody since 09.01.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Bhabhua P.S. Case No. 21 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.19423 of 2023(3) dt.17-07-2023 3/3 amount each to the satisfaction of learned Court of Sessions Judge-cum-Special Judge, Kaimur at Bhabua.

(Sunil Kumar Panwar, J) lata/- U T