Amit Kumar @ Mangal Singh @ Maango Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44199 of 2023 Arising Out of PS. Case No.-177 Year-2022 Thana- BARHIYA District- Lakhisarai ====================================================== AMIT KUMAR @ MANGAL SINGH @ MAANGO SINGH Son of Late Krishna Nandan Singh Resident of Village - Paharpur, P.S.- Barahiya, District - Lakhisarai (Bihar).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rabi Bhushan For the Opposite Party/s :
Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 8 and 20 of the N.D.P.S. Act.
3. As per prosecution case, there has been recovery of 10 Kg Ganja wrapped in a red colour plastic, which was concealed in quilt.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner has not apprehended on spot. The name of the petitioner has come into light, on the basis of confessional statement of apprehended co-accused Rajesh Singh
Patna High Court CR. MISC. No.44199 of 2023(2) dt.21-07-2023 2/2 @ Kakku Singh, which has got no evidentiary value in the eyes of law. He submitted that the petitioner has no concern with the seized Ganja. No incriminating article has been recovered from the conscious possession of the petitioner. He further submitted that the co-accused Rajesh Singh @ Kakku Singh has already been granted bail by a Co-ordinate Bench vide order dated 16.02.2023 passed in Cr. Misc. No. 62067 of 2022. He is languishing in judicial custody since 15.06.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Barhiya P.S. Case No. 177 of 2022.
(Sunil Kumar Panwar, J) arish/- U T