Sunil Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25279 of 2022 Arising Out of PS. Case No.-217 Year-2020 Thana- GAIGHAT District- Muzaffarpur ====================================================== Sunil Singh Son of Laxuman Singh @ Lakshaman Singh Resident of village - Jarang Dih, P.S. - Gaighat, District - Muzaffarpur ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Ganesh Prasad Singh, Advocate For the Opposite Party/s :
Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-08-2022 Heard learned counsel for the petitioner and learned APP for the State.
Let the defect(s), if any, as pointed out by the office, be removed within four weeks.
The petitioner is in custody in connection with Gaighat P.S. Case No. 217 of 2020 under sections 414/34 of the Indian Penal Code and sections 8, 20, and 22 of the N.D.P.S. Act corresponding to N.D.P.S. Case No. 63 of 2020. As per the allegation in the FIR, during vehicle checking, three persons were coming from Darbhanga on a motorcycle was intercepted by the police. While one of the accused persons succeeded in escaping, two others namely Gaurav Kumar and Vinod Paswan were apprehended and it is alleged that from Gaurav Kumar, 3.200 mg 'smack' was recovered while from Vinod Paswan 2.950 mg 'smack' were also recovered. The said contraband materials were seized and
Patna High Court CR. MISC. No.25279 of 2022(2) dt.08-08-2022 2/3 the accused persons were arrested on the spot. The said accused persons confessed that the contraband material was purchased by them from the petitioner herein, Sunil Kumar. Learned counsel for the petitioner submits that there has not been any recovery from his conscious possession and only to save their skin, Gaurav Kumar and Binod Paswan have named him as accused from whom they purchased the contraband. He lastly submits that both Gaurav Kumar and Vinod Paswan have since been released on bail by a coordinate bench of this Court on 3.9.2021 vide Cr. Misc. No. 7728 of 2021 and Cr. Misc. No. 6729 of 2021 respectively.
Considering the fact that the name of the petitioner has come in the confessional statement of accused persons who were apprehended from the spot and the contraband were recovered from them, as also the fact that he is in custody since 11.11.2021 (as stated in para-11 of the bail application), chargesheet stands submitted and both Gaurav Kumar and Vinod Paswas have since been released on bail by a coordinate bench, this Court is inclined to grant him privilege of bail. Let the petitioner be released on bail on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.25279 of 2022(2) dt.08-08-2022 3/3 Additional & Session Judge cum Special Judge, NDPS Act, Muzaffarpur, in connection with Gaighat P.S. Case No. 217 of 2020 arising out of N.D.P.S. Case No. 63 of 2020 subject to the following conditions:
(i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;
(iii) he shall appear before the concerned police station every fortnight for one year to mark his presence; (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Ravi/- U T