Patna High CourtCR. MISC./31737/2024bail granted

Subhash Singh @ Subhash Kumar Singh v. The State Of Bihar

2024-04-25Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31737 of 2024 Arising Out of PS. Case No.-706 Year-2023 Thana- SIMRI BAKHTIYARPUR DistrictSaharsa ====================================================== SUBHASH SINGH @ SUBHASH KUMAR SINGH S/O Late Baldev Prasad Singh R/O Village- Shankarpur Ward No.-09, P.S- Simri Bakhtiyarpur (Balwa Hat OP), Distt.- Sahrsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Simri Bakhtiyarpur P.S. Case No. 706 of 2023 instituted for the offences punishable under Section 8, 20(B) (ii)(B) of the N.D.P.S. Act.

3. As per prosecution case, there has been recovery of 3.5 Kg of Ganja from the possession of co-accused Raushan Kumar and one motorcycle has been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Chargesheet has been submitted in this case. From reading the FIR, it appears that incriminating article has been recovered from coaccused Raushan Kumar rather no incriminating article has been

Patna High Court CR. MISC. No.31737 of 2024(2) dt.25-04-2024 2/2 recovered from the conscious possession of the petitioner and the alleged motorcycle which was recovered belongs to the petitioner. The petitioner has no concern with the alleged recovery. It is further submitted that recovered contraband is below the commercial quantity. Hence, section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 31.12.2023 and has no criminal antecedent. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Simri Bakhtiyarpur P.S. Case No. 706 of 2023.

(Rudra Prakash Mishra, J) Arish/- U T