Jitendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32640 of 2021 Arising Out of PS. Case No.-5 Year-2021 Thana- NARAINPUR District- Bhojpur ====================================================== JITENDRA SINGH S/o Ramishwar Singh R/o village- Baghuai, P.S.- Narayanpur, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surj Bansh Roy For the Opposite Party/s :

Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-12-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with NDPS Case No. 03 of 2021, arising out of Narayanpur Police Station Case No. 05 of 2021, registered for the offences punishable under Sections 8/20(b), (ii), (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The allegation, as per the First Information Report, is that 95 gms. of heroine, along with one weighing machine and a mobile phone, has been recovered from the possession of the petitioner.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case and two other criminal cases on the said date and in the two other cases, the

Patna High Court CR. MISC. No.32640 of 2021(2) dt.20-12-2021 2/3 petitioner has been granted bail. He further submits that 95 gms. of heroine, allegedly recovered from the possession of the petitioner, is not commercial quantity and similarly situated coaccused Manoj Singh, from whose possession, 84 sachets of heroine was recovered, has been granted bail by co-ordinate Bench of this Court, vide order, dated 01.11.2021, passed in Criminal Misc. No. 24292 of 2021. He next submits that the petitioner is in custody since 09.01.2021 and charge sheet has been submitted against the petitioner and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that heroine, which has been recovered from the possession of the petitioner, is not of commercial quantity, similarly situated co-accused person has been granted bail by this Court, charge sheet has already been submitted and the petitioner is in custody since 09.01.2021, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, Jitendra Singh, be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand)

Patna High Court CR. MISC. No.32640 of 2021(2) dt.20-12-2021 3/3 with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Bhojpur, at Ara, in connection with NDPS Case No. 03 of 2021, arising out of Narayanpur Police Station Case No. 05 of 2021.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √