Manish Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49457 of 2022 Arising Out of PS. Case No.-212 Year-2020 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== MANISH KUMAR SINGH S/o Upendra Kumar Singh @ Upendra Singh @ Ravan R/o village- Awari, P.S.- Mohania, District- Kaimur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ramchandra Singh, Advocate For the Opposite Party/s :

Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner seeks bail in a case instituted for the offences under Sections 8(C), 21(a) of the N.D.P.S. Act The prosecution case, in short, is that 290 mg. of heroine has been recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 22.04.2022. Chargesheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake

Patna High Court CR. MISC. No.49457 of 2022(2) dt.22-12-2022 2/2 of fact. The petitioner has falsely been implicated in the present case. The name of the petitioner has transpired in the present case on the basis of confessional statement of co-accused. As per allegation, 290 mg. heroine is alleged to have been recovered from one Chhotu Singh. There is no recovery of any contraband from the possession of the petitioner. The recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, N.D.P.S. Kaimur, Bhabua in connection with Kudra P.S. Case No. 212/2020.

(Sudhir Singh, J) Pankaj/- U T