Niwas Singh @ Niwash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59983 of 2023 Arising Out of PS. Case No.-348 Year-2022 Thana- MOKAMAH District- Patna ====================================================== Niwas Singh @ Niwash Kumar Son Of Late Krishnandan Singh Resident Of Village Kusahri @ Kuserhi, P.S. Barbigha, District Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8/20(b)(ii) (c) of the N.D.P.S. Act.

As per prosecution case, the co-accused persons, namely, Dhiphulendra Kumar was apprehended on the spot along with a vehicle and upon search of that alleged vehicle total 21 kg ganja was recovered. It is further alleged that coaccused dragged name of the petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case merely on the basis of confessional statement of co-accused. The petitioner has no

Patna High Court CR. MISC. No.59983 of 2023(2) dt.14-09-2023 2/2 concern with the alleged recovery and he was also not apprehended on the spot. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that co-accused who confessed name of the petitioner has already been granted bail by a coordinate Bench of this Court vide order dated 40152 of 2023. The petitioner is languishing in judicial custody since 17.11.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mokama P.S. Case No. 348 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court. (Sunil Kumar Panwar, J) manishkumar/- U T