Baban Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43133 of 2021 Arising Out of PS. Case No.-126 Year-2021 Thana- MOKAMAH District- Patna ====================================================== BABAN SINGH Son of Anangdhar Singh Resident of Village - Mokama, Ward No.11, P.S.- Mokama, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Anjani Pd. Singh For the Opposite Party/s :

Mr. Nawal Kishore Prasad , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-02-2022 Heard the parties through video conferencing. Petitioner seeks regular bail in connection with Mokama P.S. Case No. 126 of 2021 registered for the offence under Section 20 b(II) B / 22 of the NDPS Act. As per the First Information Report Police on the basis of information received from the daughter- in- law of the petitioner raided his house and recovered 1 kg 700 gm of Ganja from the 1st floor of the house.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case at the instance of his relative and he has not committed any offence in the manner alleged. He further submits that there is family dispute and petitioner has been implicated in this case at the instance of his daughter-in-law being the head of the family and Police roped in the petitioner due to the fact that petitioner is the head of the family, aged about 62 years. He further submits that petitioner has got no criminal antecedent and there is no likelihood that the petitioner will commit the same offence after

Patna High Court CR. MISC. No.43133 of 2021(2) dt.03-02-2022 2/2 his release on bail. The petitioner is in custody since 21 / 5 / 2021, charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence if released on bail.

Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner has got no criminal antecedent, quantity of Ganja recovered is less than commercial quantity, petitioner is in custody since 21 - 5 - 2021, aged about 62 years, charge sheet has already been submitted, there is no likelihood that the petitioner will abscond or tamper with the evidence if released on bail, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge / Spl. Judge, Patna in connection with Mokama P.S. Case No. 126 of 2021, Special Case No. 47 / 2021.

praful/- (Anil Kumar Sinha, J) U T