Rajeshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57428 of 2022 Arising Out of PS. Case No.-142 Year-2022 Thana- PURNAHYA District- Sheohar ====================================================== 1.

Rajeshwar Singh S/o Late Mahadeo Singh, Resident of village- Bedaul Adam, P.S.- Purnahiya, District- Sheohar.

2.

Manish Kumar Singh S/o Rajeshwar Singh, Resident of village- Bedaul Adam, P.S.- Purnahiya, District- Sheohar.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Devendra Kumar, Adv.

For the Opposite Party/s :

Mr. Jagdhar Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-12-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek regular bail in connection with Purnahiya P.S. Case No. 142 of 2022, lodged under Sections 8, 20(B) ii (C) of the N.D.P.S. Act, 1985.

As per prosecution case, the recovery of 2 Kg. 35 gram Ganja has been made from the house of petitioner no.1 which is the subject matter of present case.

Learned counsel for the petitioners submits that petitioner no.1 is father and petitioner no.2 is son, the alleged

Patna High Court CR. MISC. No.57428 of 2022(2) dt.08-12-2022 2/2 recovery was made from the house as per seizure list but they are claiming that the said recovery was made behind the house of petitioners at lonely place. He further submits that antecedents of petitioners are clean, they are in custody since 23.08.2022 and charge sheet has already been filed in this case. Learned counsel for the State opposes the prayer for bail and submits that they may be released only after framing of charge.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioners, therefore, his bail application is hereby rejected. But liberty is hereby granted to the petitioners that they shall renew their prayer for bail after framing of charge and the Trial Court shall release the petitioners on bail imposing its own conditions so that they shall not evade their appearance during trial.

(Dr. Anshuman, J.) ritik/- U T