Mukesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32949 of 2024 Arising Out of PS. Case No.-6 Year-2024 Thana- RATANPUR District- Supaul ====================================================== Mukesh Singh Son of Late Sitaram Singh Resident of Village- Saheban Ward No-13, P.S- Ratanpura, Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with N.D.P.S. Case No. 08 of 2024 arising out of Ratanpura P.S. Case No. 06 of 2024 instituted for the offences punishable under Sections 21(B) and 22(B) of the N.D.P.S. Act, 1985.

3. As per the prosecution case, some intoxicated articles have been recovered from the accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case merely on the basis of mere suspicion. He next submits that nothing has been recovered from his conscious possession. Petition is in custody since 23.01.2024. He next submits that similarly situated co-accused has already been granted bail by this Court passed in Cr. Misc. No.38143 of 2024.

Patna High Court CR. MISC. No.32949 of 2024(6) dt.10-01-2025 2/2

5. Learned APP opposes the prayer for bail of the petitioner.

6. From perusal of the FIR, seizure list and impugned order of the learned Additional District and Sessions Judge-III, Supaul dated 02.04.2024, it appears that petitioner is named in the FIR and his name transpired in this case during the course of investigation. It appears that no quantity of wine has been mentioned in the FIR, seizure list and entire case diary and the petitioner is in custody since 23.01.2024 for about one year as also similarly situated co-accused has already been granted bail. So, considering all these aspects of the matter, I am inclined to enlarge bail to the petitioner. Let the petitioner above named 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 the learned Additional District & Sessions JudgeIII, Supaul in connection with N.D.P.S. Case No. 08 of 2024 arising out of Ratanpura P.S. Case No. 06 of 2024. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T