Sunil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25695 of 2017 Arising Out of PS. Case No. -50 Year- 2017 Thana -PATRAKARNAGAR District- PATNA ====================================================== Sunil Kumar Singh Son of Sri Ramanand Singh Resident of Village - Shivpur Diyar Numbery, Police Station - Balia, District - Balia. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Karandeep Kumar, Adv. For the Opposite Party/s : Mr. Sri Kanhaiya Kishore For the Union of India : Mr. Manoj Kr. Singh, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 11-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Special Case No. 19 of 2017 arising out of Patrakar Nagar P.S. Case No. 50 of 2017 registered for offences under sections 290, 420, 467, 471, 120(B) of the Indian Penal Code and Sections 22, 24, 27, 27(a) of the N.D.P.S. Act. The First Information Report has been lodged by the police, an inspection was made by the police in room no. 401 wherein certain students were found consuming Ganja, they were arrested and put behind the bar. The police has also roped in the owner and Manager of the hotel in the present case. The petitioner is the manger of the hotel.

Learned counsel for the petitioner submits that before this occurrence, the dispute took place between the Officer-in-

Patna High Court Cr.Misc. No.25695 of 2017 (3) dt.11-08-2017 charge of Patrakar Nagar police station as well as the owner of the hotel on account of some video clip with respect to Officer-incharge which had become viral as it is the owner of the hotel who had handed over the video clip to the Senior Superintendent of Police which led to the suspension of the then Officer-in-charge. On that account, learned counsel for the petitioner submits that the petitioner and the owner of the hotel have been booked in the present case. The First Information Report does not show that the petitioner was there in the room or was consuming Ganja. Even there is no allegation against him that he had supplied the prohibited material to the accused persons.

Looking to the entire facts and circumstances of the case, let the petitioner, namely, Sunil Kumar Singh, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, N.D.P.S., Patna in connection with Special Case No. 19 of 2017 arising out of Patrakar Nagar P.S. Case No. 50 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shivaji Pandey, J) Rishi/- U T