Gaurav Kumar @ Chhotan Singh @ Chotan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7728 of 2021 Arising Out of PS. Case No.-217 Year-2020 Thana- GAIGHAT District- Muzaffarpur ====================================================== BINOD PASWAN, S/o MAHENDRA PASWAN, Resident of Vill.- Kothiya, P.S.- Gayghat, Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 6729 of 2021 Arising Out of PS. Case No.-217 Year-2020 Thana- GAIGHAT District- Muzaffarpur ====================================================== GAURAV KUMAR @ CHHOTAN SINGH @ CHOTAN SINGH S/o Narmdeshwar Singh, Resident of Village- Chiraila, P.S.- Gaighat, DisttMuzaffarpur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 7728 of 2021) For the Petitioner/s :
Mr.Shanti Bhushan Singh, Adv.
For the Opposite Party/s :
Mr.Satya Nand Shukla, APP (In CRIMINAL MISCELLANEOUS No. 6729 of 2021) For the Petitioner/s :
Mr.Anish Kumar, Adv.
For the Opposite Party/s :
Mr.Anuj Kr. Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-09-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual Court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Sections 414/34 of the Indian Penal Code and Sections 8, 20, 22 of the N.D.P.S. Act. Prosecution case, in brief is that the informant (S.I.)
Patna High Court CR. MISC. No.7728 of 2021(3) dt.03-09-2021 2/3 during police checking on 31.07.2020, the police has apprehended both petitioners and recovered from the conscious possession 07-07 (total 14) each packets smack like object. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. He further submits that the police has recovered 2.950 gm. smack from the conscious possession of the petitioner and the police has also recovered 3.200 gm. smack from the conscious possession of another petitioner, which are small quantity. The petitioners are languishing in judicial custody since 01.08.2020 and 26.06.2020 respectively. The petitioners have got no criminal antecedent which is mentioned in para 3 of the bail petition.
Learned APP for the State vehemently opposed the prayer for bail application.
Considering the custody and recovery of contraband articles which are small quantity, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each in connection with Gaighat P.S. Case No. 217/2020 / Gaighat P.S. Case No.239/2020 and both the cases arising out of N.D.P.S. Case No. 63/2020 to the
Patna High Court CR. MISC. No.7728 of 2021(3) dt.03-09-2021 3/3 satisfaction of learned Court below where the case is pending/ successor Court.
(Anjani Kumar Sharan, J) amitkumar/- U T