Abhay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41076 of 2017 Arising Out of PS.Case No. -49 Year- 2017 Thana -PHENHARA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Abhay Kumar Singh S/o Rampukar Singh, Resident of Village-Phenhara P.S.-Phenhara, District-East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh, Adv. For the Opposite Party/s : Mr. Narendra Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-09-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner seeks bail in connection with N.D.P.S. Case No. 57/2017 arising out of Phenhara P.S. Case No. 49/2017, for the offences punishable under Sections 20, 22 and 23 of the N.D.P.S. Act.

The prosecution case as lodged by the police personnel is that on secret information that ganja is being sold, the police apprehended the petitioner and recovered ganja from the betel shop of Mahadeo Sah the co-accused. From the betel shop of Mahadeo Sah 17 grams of ganja was recovered. From the possession of the petitioner 20 grams of ganja was recovered. Accordingly, the seizure list was prepared.

Patna High Court Cr.Misc. No.41076 of 2017 (2) dt.18-09-2017 2/2 It has been submitted by the learned counsel for the petitioner that the petitioner is innocent, bears no criminal history and he is languishing in judicial custody since 07.07.2017. He submits that co-accused Mahadeo Sah has been granted privilege of bail by a coordinate bench of this court in Cr. Misc. No. 41790/2017 on 08.09.2017.

However, learned A.P.P. opposes the prayer for bail. Considering the facts and circumstances and the materials on record, let the petitioner named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge-cum-Special Judge, East Champaran, Motihari in connection with N.D.P.S. Case No. 57/2017 arising out of Phenhara P.S. Case No. 49/2017, subject to the condition that one of the bailors would be a close relative of the petitioner and if the petitioner is found to have indulged in similar offence in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Vinita/- U T