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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42649 of 2022 Arising Out of PS. Case No.-2 Year-2021 Thana- CHARPOKHARI District- Bhojpur ====================================================== Santosh Kumar Singh @ Santosh Kumar Son Of Buteshwar Singh, Resident Of Village - Samrao Dullaur Tola, P.S.- Charpokhari, Distt.- Bhojpur At Ara. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-12-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Charpokhari P.S. Case No. 02 of 2021 lodged under Sections 8/20(b)(ii)(c)/27 of the Narcotic Drugs and Psychotropic Substances Act.

As per prosecution case, total recovery of 937 kg. Ganja has been made from a constructed house of accused Amrendra Kumar Singh from where two accused persons were apprehended who disclosed the name of different persons including the petitioner that the entire Ganja belongs to them including the petitioner. They used to stock here and sale in the

Patna High Court CR. MISC. No.42649 of 2022(2) dt.23-12-2022 2/3 local area. It has also come in the F.I.R. that there were various persons present on their respective motorcycle to take Ganja and english wine in the cartoon but when police reached, all left their motorcycle and fled away.

Learned counsel for the petitioner submits that petitioner has not been apprehended from the place of occurrence. He also submits that the house from where the recovery has been made does not belong to him. Counsel further submits that NDPS Act is not made out against the petitioner. He further submits that the petitioner is in custody since 07.03.2022 and there are four criminal cases pending against him in which he is on bail.

Learned counsel for the State vehemently opposes the prayer for bail and submits that such a huge quantity of Ganja has been recovered and the entire operation is alleged to run as a syndicate by the petitioner. Counsel further submits that the petitioner is not a man of clean antecedent and if petitioner shall be released, he shall create hurdle in completion of trial. In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner, therefore, the bail application of the petitioner is hereby rejected.

Patna High Court CR. MISC. No.42649 of 2022(2) dt.23-12-2022 3/3 Trial Court is directed to expedite the trial within one year.

(Dr. Anshuman, J.) ravishankar/- U T