Roshan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23939 of 2020 Arising Out of PS. Case No.-50 Year-2020 Thana- DAGARUA District- Purnia ====================================================== ROSHAN KUMAR SINGH Son of Rajeev Singh Resident of VillageMangal Colony, Police Station- K.Hat (Sahayak), District- Purnea ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

The Union of India ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shekhar Kumar Singh, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-12-2020 Heard Mr. Shekhar Kumar Singh, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Dagarua P.S. Case No. 50 of 2020 registered for the offences punishable under Sections 20, 22 and 24 of the N.D.P.S. Act. The allegation as per the First Information Report is that 20 gram of brown sugar has been recovered from possession of the petitioner.

Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case with oblique

Patna High Court CR. MISC. No.23939 of 2020(5) dt.02-12-2020 2/3 motive. Learned counsel further submits that alleged brown sugar, recovered from possession of the petitioner, is slightly more than small quantity and less than the commercial quantity, which is 250 grams. Learned counsel also submits that petitioner has got no criminal antecedent of similar nature and similarly situated co-accused person Md. Mamoon Rashid @ Pintu from whom 15 gram brown sugar was recovered, has been granted regular bail by a co-ordinate Bench of this Court in Cr. Misc.30780 of 2020.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that similarly situated co-accused person has been granted bail by a co-ordinate Bench of this Court, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, NDPS Act, Purnea, in connection with Dagarua P.S. Case No. 50 of 2020 subject to the condition that petitioner shall not commit any offence similar to the offence for which he is an accused in the present case.

Patna High Court CR. MISC. No.23939 of 2020(5) dt.02-12-2020 3/3 It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T