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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35236 of 2024 Arising Out of PS. Case No.-818 Year-2022 Thana- KANKARBAG District- Patna ====================================================== Rishu Kumar Singh @ Rishu Kumar Son Of Late Ashok Kumar Singh @ Ashok Singh R/O- Dudhiya Market, East Boring Canal Road, P.S.- Budha Colony, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhukar Anand For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 399 and 402 of the Indian Penal Code, Sections 20(b) (ii) (a) 22(b) and 29 of the NDPS Act and Sections 25(1-b)a,26 and 35 of Arms Act.

3. As per FIR, police team apprehended petitioner along with other co-accused persons while they were planning to commit crime and from the possession of this petitioner, one motorcycle was

Patna High Court CR. MISC. No.35236 of 2024(2) dt.16-05-2024 2/3 recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to his criminal antecedent. He has no concern with the seized articles. No any narcotic drugs have been recovered from the possession of this petitioner. The seized motorcycle does not belong to the petitioner rather the brother of co-accused Md. Tausif is the owner of the alleged seized motorcycle. Similarly situated other co-accused person has already been granted bail by this Court vide order dated 17.10.2023 in Cr. Misc. No. 65740 of 2023. Moreover, the petitioner is languishing in judicial custody since 05.09.2022.

5. Learned APP appearing for the State has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined

Patna High Court CR. MISC. No.35236 of 2024(2) dt.16-05-2024 3/3 to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kankarbagh P.S. Case No. 818 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, (N.D.P.S Act), Exclusive Court No. 1, Patna.

(Sunil Kumar Panwar, J) Shageer/- U T