Guddu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23652 of 2022 Arising Out of PS. Case No.-251 Year-2022 Thana- LAKHISARAI District- Lakhisarai ====================================================== GUDDU SINGH S/o Late Nawal Kishore Singh @ Nawal Kishore Singh @ Nawal Singh R/o village- Salonachak, P.S.- Lakhisarai, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 06-09-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Lakhisarai P.S. Case No. 251 of 2022 registered for the offences punishable under Sections 08/20(b) of N.D.P.S. Act. As per prosecution case, there is alleged recovery of 120 Gram Ganja from the Gumti of the petitioner. Learned counsel for the petitioner submits that petitioner is in custody since 27.03.2022. Petitioner bears no criminal antecedent. Learned counsel further submits that alleged recovery is less than small quantity. Seizure list has not been made as per law. There is no independent witness.

Patna High Court CR. MISC. No.23652 of 2022(3) dt.06-09-2022 2/3 Petitioner is quite innocent. Nothing has been recovered from the possession of the petitioner. Petitioner has falsely been implicated in this case due to dirty village politics. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case as well as period of custody, nature of allegation, keeping in view clean antecedent of the petitioner, argument advanced on behalf of the parties and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Lakhisarai in connection with Lakhisarai P.S. Case No. 251 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself.

Patna High Court CR. MISC. No.23652 of 2022(3) dt.06-09-2022 3/3 (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) amitkr/- U T