Dharmendra Kumar @ Dharmendra Singh @ Dharmendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42567 of 2024 Arising Out of PS. Case No.-9 Year-2022 Thana- UPHARA District- Aurangabad ====================================================== Dharmendra Kumar @ Dharmendra Singh @ Dharmendra Kumar Singh SON OF Shiv Prasad Singh VILLAGE- GANGA PUR, PS- HASPURA, DISTAURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rupa Kumari, Adv.

For the Opposite Party/s :

Ms. Dr. Indiwar Kumari,APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with a case registered for the offence punishable under Sections 8, 20(b)(ii) (B) and 25 of the NDPS Act.

3. Altogether 1.486 kgs contraband suspected to be Ganja has been recovered from the shop of co-accused Aditya Paswan, who took the name of the petitioner as one of his accomplice.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. His name has been transpired in the present case merely on the basis of the

Patna High Court CR. MISC. No.42567 of 2024(3) dt.30-08-2024 2/2 confessional statement of the apprehended co-accused Aditya Paswan, who took the name of the petitioner due to previous dispute and enmity. Petitioner has one criminal antecedent of similar nature of the offence as mentioned in para 3 of the bail application. It is further submitted that the petitioner is in custody since 02.05.2024 and charge has already been framed against him.

5. Learned APP for the State opposes the prayer for bail and submits that the petitioner is a habitual offender as he was earlier made accused in another case for the similar nature of the offence.

6. Considering the submissions made on behalf of the parties as well as the fact that charge has been framed against the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/Successor Court in connection with Uphara P.S. Case no. 9 of 2022.

(Anjani Kumar Sharan, J) divyanshi/- U T