Umesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35688 of 2020 Arising Out of PS. Case No.-267 Year-2020 Thana- DUMRAO District- Buxar ====================================================== UMESH KUMAR SINGH Son of Ambika Singh Resident of Ward no. 6, Naya Bhojpur, P.S.- Naya Bhojpur (O.P.), District- Buxar. ... ... Petitioner/s

Versus

The State of Bihar .

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajit Kumar, Adv.

For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with N.D.P.S. Case No. 20 of 2020 arising out of Dumraon (Naya Bhojpur O.P.) P.S. Case No. 267 of 2020 registered under sections 20(ii) and 22 of the N.D.P.S. Act, 1985.

As per allegation in the FIR, 4.48 gms of heroin is stated to have been recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that no recovery of any incriminating article has taken place from the petitioner's possession. The FSL report is still awaited. The petitioner has no criminal antecedent and is in custody since

Patna High Court CR. MISC. No.35688 of 2020(3) dt.18-01-2021 2/2 28.7.2020. It is further submitted that this case stands on a similar footing to that of the co-accused Anish Kumar Pandey, who has been enlarged on bail vide order dated 6.1.2021 passed in Cr. Misc. No. 35107 of 2020.

The application for bail is opposed by learned APP for the State, who submits that recovery of heroin is from conscious possession of the petitioner.

Having heard learned counsel for the parties and taking into consideration the grant of bail to the co-accused, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with N.D.P.S. Case No. 20 of 2020 arising out of Dumraon (Naya Bhojpur O.P.) P.S. Case No. 267 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned District Judge-cum-Special Court, N.D.P.S. Act, Buxar. (Partha Sarthy, J) sushma/- U