Prabhat Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36625 of 2021 Arising Out of PS. Case No.-1 Year-2021 Thana- THAWE District- Gopalganj ====================================================== Prabhat Kumar Singh, aged about 30 years, male, S/O Suresh Singh, R/O Village-Sirsa Manpur, P.S-Baikunthpur, District-Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Vagisha Pragya Vacaknavi For the Opposite Party/s :

Mr. Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

16-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Thawe P.S. Case No. 01 of 2021, registered for the offence under Sections 399 / 402 / 414 of the Indian Penal Code, Sections 8/20(b)(ii)(A) of the N.D.P.S. Act and Sections 25(1-b)a / 26 / 35 of the Arms Act. On a secret information, a raid was conducted and this petitioner alongwith 8 other persons were apprehended on spot and on search, several arms & ammunition and Ganja were recovered from their possession.

It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case. No incriminating article has been recovered from the possession of the petitioner. Recovery has been effected from the possession of other coaccused. It is further submitted that co-accused persons namely

Patna High Court CR. MISC. No.36625 of 2021(2) dt.16-09-2021 2/2 Ajmuddin Alam, Jauhar Parvej, Feyaz Rabbani and Gurfan Haider have already been granted bail by the court below itself. Petitioner is in custody since 02.01.2021.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner 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 learned A.D.J.-I cum Special Judge (N.D.P.S. Act), Gopalganj in connection with Thawe P.S. Case No. 01 of 2021, on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) 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."

(Prabhat Kumar Singh, J.) anay U T