Satyendra Singh @ Sato Singh v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47429 of 2022 Arising Out of PS. Case No.-129 Year-2022 Thana- RAJGIR District- Nalanda ====================================================== SATYENDRA SINGH @ SATO SINGH SON OF LATE UMAN SINGH R/O VILLAGE- DARIYAPUR, P.S.- WARISALIGANJ, DISTRICTNAWADA ... ... Petitioner/s

Versus

1.

THE UNION OF INDIA 2.

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

For the Petitioner/s :

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

Mr. K.N.Singh (A.D.S.G) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-12-2022 Heard Mr. Sanjay Kumar, learned Advocate for the petitioner and the learned APP for the State. The petitioner seeks bail in connection with Rajgir P.S. Case No. 129 of 2022 dated 16.03.2022 corresponding to NDPS case No. 17 of 2022 instituted for the offences under Sections 20, 22 of the NDPS Act, 1985.

According to the prosecution version, the petitioner had been driving the vehicle whereas the pillion rider viz. Dwarika Yadav was carrying a bag with him. On being signalled to stop, Dwarika Yadav fell down but the petitioner is said to have sped away on the motorcycle.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.47429 of 2022(2) dt.16-12-2022 2/2 further submitted that from the possession of Dwarika Yadav, 2 kgs. of Ganja was recovered. It has been submitted that the accusation in the FIR is absolutely incorrect. In fact, Dwarika Yadav was arrested with narcotics kept in a bag. Because of some enmity during last elections, aforesaid Dwarika Yadav has named the petitioner as the person who was driving the motorcycle. Be that as it may, for the reason that there is no recovery of any narcotics from the possession of the petitioner and that he has remained in custody since 04.07.2022, he is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-CumSpecial Judge, Nalanda at Biharsharif in connection with Rajgir P.S. Case No. 129 of 2022.

While saying so the Court has also taken note of the fact that the petitioner does not have criminal antecedents.

(Ashutosh Kumar, J) krishna/- U T