Vindhyachal Singh @ Bindhyachal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31286 of 2024 Arising Out of PS. Case No.-166 Year-2023 Thana- DARIHAT District- Rohtas ====================================================== Vindhyachal Singh @ Bindhyachal Singh SON OF Ram Dular Singh VILLAGE -DUMRA PS -KARAGHAR DISTRICT- ROHTAS ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mithilesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his/her arrest in a case in connection with Darihart P.S. Case No. 166 of 2023 dated 15.09.2023 for the offence/s punishable u/s 8/20(b)(II) (c)/25/29 of the N.D.P.S. Act

3. As per the prosecution case, when the informant tried to stop one Tempo, three persons started fleeing away but two persons as Sonu Paswan and Dhirendra Kumar were apprehended and from their possession, one mobile each were recovered. They further disclosed the names of fleeing coaccused persons as Om Prakash Chaudhary, Umesh Yadav and Vindhyachal Singh(petitioner). They further said that Om

Patna High Court CR. MISC. No.31286 of 2024(3) dt.26-07-2024 2/3 Prakash Chaudhary fled away and Vindhyachal Singh(petitioner) and Umesh Yadav were coming from the back. It is further alleged that on search of Tempo total 45.34 Kgs. of Ganja kept in three plastic bags were recovered which were in lap of the co-accused Sonu Paswan and Dhirendra Kumar.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The name of the petitioner has transpired in the confessional statement of the coaccused, Sonu Paswan and Dhirendra Kumar. The petitioner has no concern with the alleged recovery. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The similarly situated co-accused has been granted bail vide order dated 15.05.2024 in Cr. Misc. No. 25299 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the material available on record, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/-

Patna High Court CR. MISC. No.31286 of 2024(3) dt.26-07-2024 3/3 (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Rohtas at Sasaram in connection with Darihart P.S. Case No. 166 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T