Ravish Kumar Singh @ Rabish Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53368 of 2023 Arising Out of PS. Case No.-24 Year-2010 Thana- DUMARIAGHAT District- East Champaran ====================================================== Ravish Kumar Singh @ Rabish Kumar Singh, Son Of Nagina Singh Resident Of Village- Ward No. 5,Harsidhi Babu Tola, Ps- Harsidhi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y.V. Giri, Sr. Advocate Mr. Devashish Giri, Advocate For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-08-2023 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 A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Dumariaghat P.S. Case No. 24 of 2010 dated 05.05.2010 registered for the offences punishable u/ss 414, 467, 468 and 420 of the Indian Penal Code and u/ss 20, 22 and 25 of the N.D.P.S. Act.

4. As per the prosecution case, 185 Kg. ganja was recovered from Tata Sumo vehicle and the driver of the said

Patna High Court CR. MISC. No.53368 of 2023(2) dt.25-08-2023 2/3 vehicle was arrested who disclosed the name of the petitioner. It is further alleged that the petitioner and the co-accused persons are indulged in illegal business of ganja.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has surfaced in this case only on the disclosure made by the co-accused. No incriminating material has been recovered from the possession of the petitioner and he was not one of the occupants of the said vehicle. It is further submitted that the petitioner has no concern with the alleged recovery. The said recovery was made from the vehicle which was being driven by the co-accused, Sanjay Tanwar who has already been granted bail by the Coordinate Bench of this court vide order dated 20.06.2012 passed in Cr. Misc. No. 14727 of 2012. The petitioner is accused in two other criminal cases which are related to similar nature of offence as stated in para 3 of the bail petition. The petitioner is in custody since 01.07.2023.

6. 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-

Patna High Court CR. MISC. No.53368 of 2023(2) dt.25-08-2023 3/3 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, East Champaran, Motihari in connection with Dumariaghat P.S. Case No. 24 of 2010 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, his bail bonds are liable to be cancelled.

8. The application stands allowed.

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