Himalay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57716 of 2025 Arising Out of PS. Case No.-253 Year-2025 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Himalay Singh S/o Raj Kumar Singh R/o village - Kaura , P.S - Jagdishpur , District - Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union of India (NDPS) New Delhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dharmendra Kumar Singh For the Opposite Party/s :

Mr. Madan Kumar, Sr. CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Udwantnagar P.S. Case No. 253 of 2025 for the offence under Sections 20(b) (ii)/(b)/25/29 of the N.D.P.S. Act, 1985.

3. As per First Information Report, on the alleged date of occurrence, total 6 Kg. of ganja was recovered from the conscious possession of co-accused Bimlesh Kumar Singh. He has confessed before the Police that the petitioner was supplier of the Ganja.

4. Learned counsel for the petitioner submits that the petitioner is quite innocent and has falsely been implicated in the present case. The name of the petitioner surfaced in this case on the basis of confessional statement of apprehended co-

Patna High Court CR. MISC. No.57716 of 2025(2) dt.27-08-2025 2/2 accused namely Vimlesh Kumar Singh @ Ramlal Singh made before the Police. No any contraband material has been recovered from the conscious possession of this petitioner. Petitioner has no concern with the seized motorcycle and alleged recovery. Petitioner has no criminal antecedent.

5. Learned APP opposes the prayer for bail.

6. Keeping in view the aforesaid facts, this Court is inclined to extend them the privilege of anticipatory bail.

7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Sessions Judge, N.D.P.S., Bhojpur at Ara/concerned court below, in connection with Udwantnagar P.S. Case No. 253 of 2025, subject to the conditions as laid down under Section 482 of B.N.S.S, on further condition:- (i) One of the bailors must be family member of the petitioner.

(S. B. Pd. Singh, J) Ranjeet/- U T