Patna High CourtCR. MISC./50360/2023bail granted

Kanhiya Ji v. The State Of Bihar

2023-08-09Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50360 of 2023 Arising Out of PS. Case No.-302 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== 1.

KANHIYA JI SON OF NIRANJAN SINGH RESIDENT OF VILLAGE - SIRARI, POLICE STATION - SIRARI (O.P.), DISTRICT - SHEIKHPURA 2.

SATRUDHAN KUMAR SON OF NIRANJAN SINGH RESIDENT OF VILLAGE - SIRARI, POLICE STATION - SIRARI (O.P.), DISTRICT - SHEIKHPURA 3.

BHARAT KUMAR SON OF NIRANJAN SINGH RESIDENT OF VILLAGE - SIRARI, POLICE STATION - SIRARI (O.P.), DISTRICT - SHEIKHPURA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-08-2023

1. Learned counsel for the petitioners 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 petitioners and learned A.P.P. for the State.

3. The petitioners have preferred this application for grant of regular bail in connection with Sheikhpura (Sirari O.P.) P.S. Case No. 302 of 2023 dated 17.5.2023 registered for the offence punishable u/s 8, 20(b)(ii)(a), 25 of the NDPS Act.

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4. As per the prosecution case, 1 kg of Ganja is alleged to have recovered from the house of the co-accused, Niranjan Singh. The petitioners were apprehended on the spot.

5. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the alleged recovery. The seized contraband is of small quantity. The petitioners have clean antecedents as stated in para 3 of the bail petition. The petitioners are in custody since 17.5.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Sheikhpura in connection with Sheikhpura (Sirari O.P.) P.S. Case No. 302 of 2023.

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8. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T