Basant Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34090 of 2025 Arising Out of PS. Case No.-207 Year-2010 Thana- BARHARA District- Bhojpur ====================================================== Basant Singh S/O Late Narayan Singh R/O Village- Ekwana, P.S- Barahara, Distt.- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ansul, Sr. Adv.

Ms. Eashita Raj, Adv.

Mr. Aditya Raj Singh, Adv.

For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 08-07-2025 Heard learned Counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks regular bail in a case registered for the offences punishable under Section 20B/22 of the NDPS Act.

3. As per the prosecution case, as per the FIR dated 07.08.2010, the police came into action and chased two vehicles, which was intercepted and a large quantity of Ganja was recovered to the tune of 549 kgs from two jeeps.

4. Learned Senior Counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the case. He also submits that that the petitioner was not apprehended at the place of occurrence and he has falsely been implicated at the behest of the police. It has further

Patna High Court CR. MISC. No.34090 of 2025(3) dt.08-07-2025 2/2 been submitted that the petitioner was not aware of his name initially and then he had filed an application for grant of anticipatory bail in the year 2011, which was rejected vide order dated 05.12.2011. He next submits that the procedure as enshrined under Section 52A of the NDPS Act was not followed and as of now, the charges have already been framed against the petitioner. It has lastly been submitted that the petitioner has no criminal antecedents and is in custody since 24.02.2025.

5. Learned APP for the State has vehemently opposed the prayer for bail and has stated that the petitioner had absconded for fourteen years and on this ground alone, he should not be released on bail. He also submits that the petitioner was also indulged in smuggling of ganja.

6. Considering the aforesaid submissions of the parties and taking into account the fact that the petitioner had absconded for fourteen years, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the application stands rejected. (Sourendra Pandey, J) Sudhanshu/- U T