Mithilesh Kumar Singh @ Mithilesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56912 of 2017 Arising Out of PS.Case No. -299 Year- 2017 Thana -ARA NAGAR District- BHOJPUR ====================================================== Mithilesh Kumar Singh @ Mithilesh Singh, Son of Late Sri Niwas Singh Resident of Village Masarh, P.S. Udwant Nagar, District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 11-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with N.D.P.S. Case No.19 of 2017, arising out of Ara Nagar P.S. Case No.299 of 2017, registered under Sections 20(b) II(a) of the N.D.P.S. Act.

The accusation is that on receiving secret information about selling of Ganja at the betel-bidi shop of Bablu Keshari in village-Gausganj, the informant being the Officer Incharge of Ara Town Police Station reached at the betel-bidi shop of Bablu Keshari and recovered 2 kilogram Ganja. Bablu Keshari disclosed that Shivam Kumar Singh and Amit Kumar Singh are coming with

Patna High Court Cr.Misc. No.56912 of 2017 (2) dt.11-12-2017 2/3 Ganja for supply to Munna Keshari. Thereafter, Shiv Kumar Singh and Amit Kumar Singh were apprehended and they were found in possession of 5 kilogram Ganja and 2 kilogram Ganja respectively and they disclosed that they have taken the Ganja from Deepu Singh alias Master and this petitioner. Learned counsel for the petitioner submits that it would appear from the F.I.R. that the name of the petitioner has come in this case in the confessional statement of the co-accused Shivam Kumar Singh and Amit Kumar Singh, who are said to be apprehended by the police with 5 kilogram Ganja and 2 kilogram Ganja respectively. Except that, there is nothing against the petitioner to show his involvement in the commission of the alleged offence.

While the petitioner is accused in one more case, as detailed in paragraph-3 to this application, but in that case, no recovery was made from the possession of the petitioner rather the same was made from the possession of one Ramnath Singh in whose house the petitioner used to reside on rent. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.

Patna High Court Cr.Misc. No.56912 of 2017 (2) dt.11-12-2017 3/3 Sessions Judge, Bhojpur at Ara, in connection with N.D.P.S. Case No.19 of 2017, arising out of Ara Nagar P.S. Case No.299 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T