Kuldeep Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63407 of 2024 Arising Out of PS. Case No.-288 Year-2024 Thana- BARACHATTI District- Gaya ====================================================== Kuldeep Singh Son of Nirmal Singh Resident of Village - Fatehgarh Gangua, P.S. - Dharmgarh, District- Sangrur, State- Punjab ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Thakur, Adv.

Mr. Kuldeep Singh, Adv.

Mr.Gajendra Kumar Singh, Adv.

For the Opposite Party/s :

Mrs.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Barachatti P.S. Case No. 288 of 2024 dated 12.06.2024 registered for the offences punishable u/ss 8, 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substance.

3. As per the prosecution case, total 32 Kg. of Doda Powder was recovered from the truck bearing Registration No. PB23K9875 and 1 Kg. of Doda Powder was also recovered beneath of the driving seat of the another truck.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.63407 of 2024(2) dt.25-09-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. Learned counsel has further submitted that the seized contraband is less than the commercial quantity. As per the F.I.R., the recovery of Doda Powder is 32 Kg. but as per the seizure list, the recovery of Doda Powder is 28 Kg. which creates doubt upon the prosecution case. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged recovery. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 13.06.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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, Gaya in connection with Barachatti P.S. Case No. 288 of 2024 with the condition :- (i) One of the bailors shall be a close relative of the petitioner who shall give

Patna High Court CR. MISC. No.63407 of 2024(2) dt.25-09-2024 3/3 genealogy as to how he is related to the petitioner.

7. The application stands allowed.

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