Patna High CourtCR. MISC./36648/2024bail granted

Golu Singh @ Vikash Singh v. The State Of Bihar

2024-05-20Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36648 of 2024 Arising Out of PS. Case No.-84 Year-2024 Thana- BHORE District- Gopalganj ====================================================== Golu Singh @ Vikash Singh, Aged about 35 years, Son of Late Byash Singh, Resident of Vill- Bhore (Dakshin Tola), P.S -Bhore, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bhore P.S. Case No. 84 of 2024 instituted for the offences punishable under Sections 8(c) and 21(a) of the N.D.P.S. Act.

3. The prosecution case relates to recovery of total 0.53 gram smack from the possession of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has no concerned with the alleged recovery. Both the seizure list witnesses are police personnel which is complete violation of Section 100 of Cr.P.C. Petitioner is languishing in judicial custody since 10.04.2024.

Patna High Court CR. MISC. No.36648 of 2024(2) dt.20-05-2024 2/2

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. From perusal of the F.I.R., seizure list and impugned order dated 26.04.2024, it appears that on the basis of written report of the informant Additional Police SubInspector posted at Bhore Police Station F.I.R. registered against two accused persons including the present petitioner. On perusal of seizure list, it appears that only 0.53 gm smack recovered from the possession of the petitioner which is much less than commercial quantity.

7. Considering the facts and circumstances of the case and submission made on behalf of 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 Sessions Judge, Gopalganj in connection with Bhore P.S. Case No. 84 of 2024.

(Ramesh Chand Malviya, J) lata/- U T