Namendra Singh Danuwar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56151 of 2024 Arising Out of PS. Case No.-46 Year-2024 Thana- BELA District- Sitamarhi ====================================================== Namendra Singh Danuwar son of Ramkaran Singh Danuwar VillageBharatpur, Goshal Nagar Palika W.No-2, Ps- Goshal Dist- Mohotari Nepal ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Devendra Kumar Mr. Mithilesh Kr Upadhyay Mr. Raju Prasad For the Opposite Party/s :
Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Bela P.S. Case No. 46 of 2024 dated 03.03.2024 registered for the offences punishable under Sections 8/20(ii)(B) of the N.D.P.S. Act.
3. As per the prosecution case, 05 kg., Ganja is said to have been recovered from possession of the co-accused who was sitting on the motorcycle which was being driven by the petitioner.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated
Patna High Court CR. MISC. No.56151 of 2024(3) dt.31-08-2024 2/3 in this case. It is submitted that the seized contraband has not been recovered from the conscious possession of the petitioner. The petitioner was returning from her relative's house and on suspicion the police arrested the petitioner. The petitioner has no concern with the alleged seized contraband found on the motorcycle. The said motorcycle bearing Engine No. DKYCJH58318 from which the alleged contraband is recovered does not belong to the petitioner. The seized contraband is below the commercial quantity. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. She is in custody in this case since 04.03.2024. Similarly situated co-accused has already been granted bail by this court vide order dated 08.07.2024 passed in Cr. Misc. No. 43027 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and stated that the petitioner had no any valid authorization for keeping the said contraband.
6. Considering the aforesaid facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like
Patna High Court CR. MISC. No.56151 of 2024(3) dt.31-08-2024 3/3 amount each to the satisfaction of learned court concerned, Sitamarhi, Bihar in connection with Bela P.S. Case No. 46 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T