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Patna High CourtCR. MISC./21833/2022bail granted

Halchal Singh @ Rishi Kumar Singh v. The State Of Bihar

2022-08-16Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21833 of 2022 Arising Out of PS. Case No.-654 Year-2020 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== HALCHAL SINGH @ RISHI KUMAR SINGH SON OF RAM PYARE SINGH R/O VILLAGE- CHAUTHI, P.S.- BHABUA, DISTRICT- KAIMUR AT BHABUA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilesh Kumar For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-08-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 8(c), 20(B)(ii) (B), 22 and 27A of the N.D.P.S. Act.

As per the prosecution case, a total of 93.1 kgs ganja was recovered from the possession of co-accused Moti Ram and 2 kg ganja was recovered from the house of the co-accused Kamlesh Prasad Keshri.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession

Patna High Court CR. MISC. No.21833 of 2022(3) dt.16-08-2022 2/3 of the petitioner. The name of the petitioner has sprung up on the confessional statement of co-accused Moti Ram. It is further submitted that the co-accused persons have already been granted bail by the co-ordinate bench vide order dated 26.05.2021 and 21.09.2021 passed in Criminal Misc. No. 8240 of 2021 and 20467 of 2021 respectively. The petitioner is accused in one more criminal case which is not related to N.D.P.S. Act. The petitioner is in custody since 22.03.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the petitioner and co-accused Srikant mainly deal in ganja illegally. Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged 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 Sessions Judge cum Special Judge, N.D.P.S., Kaimur, in connection with Bhabua (Sonhan) P.S. Case No. 654 of 2020. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T

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