Gopal Singh @ Badhari Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51007 of 2023 Arising Out of PS. Case No.-26 Year-2023 Thana- ARA RAIL P.S. District- Bhojpur ====================================================== Gopal Singh @ Badhari Singh S/O Late Ram Kumar Singh R/O VillageMasarh, Ps. Udwantnagar, Dist. Bhojpur ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
The Director, Economic Offence Unit, Bihar, Patna Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Pd. Singh, Sr. Advocate Mr. Anil Kumar Singh, Advocate Mr. S.K. Bharti, Advocate For E.O.U :
Mr. V.N.P. Sinha, Sr. Advocate Ms. Soni Shrivastava, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
2. Heard learned counsel for the petitioner and learned counsel for E.O.U. as well as learned A.P.P. for the State.
3. The petitioner has preferred this application for grant of regular bail in connection with NDPS Case No. 28 of 2023 arising out of Ara Rail P.S. Case No. 26 of 2023 dated 28.02.2023 registered for the offences punishable u/ss 8, 20(b)(ii) (B)/29 of the NDPS. Act.
4. As per the prosecution case, total 9 kg. Ganja was recovered from the bag of the petitioner.
5. Learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.51007 of 2023(2) dt.17-08-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. The seized contraband is not of commercial quantity. Similarly situated co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 04.08.2023 passed in Cr. Misc. No. 45500 of 2023. The petitioner has two other criminal cases and he is on bail in all the said criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 01.03.2023.
6. Learned counsel for E.O.U. as well as learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, 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 amount each to the satisfaction of learned Court concerned, Bhojpur, Ara in connection with NDPS Case No. 28 of 2023 arising out of Ara Rail P.S. Case No. 26 of 2023.
8. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T