Priyeshek Kumar Singh @ Priyeshek Kumar @ Paplu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22787 of 2023 Arising Out of PS. Case No.-209 Year-2022 Thana- KURSAILA District- Katihar ====================================================== PRIYESHEK KUMAR SINGH @ PRIYESHEK KUMAR @ PAPLU SINGH son of Dinesh Prasad Singh Village- Baso Tola Nawabganj PsKursela Dist- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Thakur with Mr. Ritwik Thakur and Ms. Vaishnavi Singh, Advocates For the Opposite Party/s :

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 20 and 22 of the N.D.P.S. Act.

3. As per prosecution case, a secret information received that in a white colour car huge quantity of Ganja like substance is being carried by smugglers for sale in Nawabganj School Tola, thereafter, the police party reached at that place and started checking the vehicle and on search there has been recovery of 15.600 Kg and 15.500 Kg Ganja from car and coaccused Vidyanand Mandal is said to be owner-cum-driver of

Patna High Court CR. MISC. No.22787 of 2023(3) dt.19-07-2023 2/3 the said car and 11.200 Kg from a motorcycle, which was being driven by co-accused Shekhar Kumar. It is further alleged that the petitioner and two other co-accused apprehended on spot.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the petitioner has no concern either with the seized vehicles or with the Ganja like substance. No incriminating article has been recovered from the conscious possession of the petitioner. The provision of Section 50 of the Cr.P.C., has not followed in this case, while preparing the seizure list. He further submitted that petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 26.10.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with

Patna High Court CR. MISC. No.22787 of 2023(3) dt.19-07-2023 3/3 Kursaila P.S. Case No. 209 of 2022.

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