Babban Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33621 of 2020 Arising Out of PS. Case No.-66 Year-2020 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== Babban Singh Son of Raj Grihi Singh Resident of Village - Makan No. 18 Ward No. 11 Paikauli, Police Station- Bhagwanpur, District- Kaimur at Bhabhua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh For the Opposite Party/s :

Mr.Madhuranand Jha.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 8/20(b)(ii)(c)/27(A) of the N.D.P.S. Act. Prosecution case, in short, is that total 40 kgs ganja is recovered.

It has been submitted on behalf of the petitioner that the

Patna High Court CR. MISC. No.33621 of 2020(2) dt.15-12-2020 2/2 petitioner is in custody since 05.05.2020 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. The coaccuseds are apprehended in the present case and from their possession 16 kgs ganja is said to have been recovered. On their disclosure, the name of the petitioner has come in the present case. From an open cattle shed, 24 kgs ganja is also said to have been recovered. The petitioner had no knowledge regarding the alleged incident. There is no recovery of any incriminating article from the possession of the petitioner. There is no compliance of Sections 42 and 50 of N.D.P.S. Act.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, 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 Sessions Judge-cum-Special Judge, Kaimur at Bhabhua in connection with Bhagwanpur P.S. case No.66 of 2020.

Narendra/- (Sudhir Singh, J) U T