Akash Singh @ Akash Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39828 of 2024 Arising Out of PS. Case No.-132 Year-2024 Thana- PANAPUR District- Saran ====================================================== 1.
Akash Singh @ Akash Kumar Singh S/O Late Banarash Singh R/O VillageFakuli, P.S- Panapur, Distt.- Saran. 2.
Anuj Singh S/O Jitendra Singh @ Jitendra Kumar Singh R/O VillageFakuli, P.S- Panapur, Distt.- Saran. ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajit Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-09-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Panapur P.S. Case No. 5123036240132 of 2024 (as per imp. Order Panapur P.S. Case No. 132/2024) dated 24.04.2024 registered for the offences punishable under section- as per FIR 27, 22, 29, 20(B)iiC ( as per imp. Order 20(B)(2)(C)22/27A/29) of the NDPS Act read with Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, on secret information, the petitioners and the co-accused person are selling illicit English wine and cocaine at their service centre. On the said information, the informant with police party reached the spot. On seeing the
Patna High Court CR. MISC. No.39828 of 2024(3) dt.18-09-2024 2/3 police party, three persons started to flee away but they were apprehended. On interrogation, the apprehended persons disclosed their name as Jitendra Kumar Singh (petitioner), Anuj Singh(petitioner) and Akash Singh. On searched the said place, 3 litres of English wine, one weight electronic machine and 428 gram cocaine were recovered from the spot.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are neither the owner nor the staff of the Service Centre. Nothing has been recovered from the conscious possession of the petitioners. It is further submitted that the petitioners have no concern with the alleged recovery. As per the F.S.L. report, no Narcotic and/or Psychotropic substance were detected in the content of the plastic container contained 24.98g off-white powdery substance. The petitioner no. 1 has one criminal antecedent whereas the petitioner no. 2 has no criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 26.04.2024.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners
Patna High Court CR. MISC. No.39828 of 2024(3) dt.18-09-2024 3/3 above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Panapur P.S. Case No. 5123036240132 of 2024 (as per imp. Order Panapur P.S. Case No. 132/2024).
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T