Shyam Sundar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64491 of 2025 Arising Out of PS. Case No.-306 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== Shyam Sundar Singh S/o Tribhuwan Singh R/o Village- Amiaura, P.S.- Kudra, District- Kaimur (Bhabua) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vivekanand Singh For the Opposite Party/s :
Mr. Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-09-2025
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Excise P.S. Case No. 306 of 2025, dated 02.05.2025 registered for the offence(s) punishable under Section(s) 20(b)(ii)B, 8(c) of the N.D.P.S. Act.
3. The main submissions advanced by the petitioner's counsel are that the instant matter relates to recovery of 10 Kg. of ganja from the dicki of the Bolero vehicle, though, the petitioner was present in that vehicle at the time of recovery but he was driving that vehicle bonafidely having no knowledge of seized material in his vehicle and simply complying the instructions given by the owner of the vehicle, he has been languishing in jail since 03.05.2025 and the investigation
Patna High Court CR. MISC. No.64491 of 2025(2) dt.17-09-2025 2/3 against him has been completed. It is further submitted that the instant matter relates to recovery of intermediate quantity of alleged ganja, though, against the petitioner, there is one criminal antecedent but he has been released on bail in that case and most of the witnesses who are to be examined during trial, are the government officials, so the release of the petitioner on bail will not affect the prosecution case in any manner.
4. Learned APP appearing for the State has opposed the bail prayer of the petitioner.
5. Though, the instant matter relates to recovery of 10 Kg. of alleged ganja, however, considering the petitioner's custody period and completion of investigation against him, coupled with the fact that most of the witnesses who are to be examined during petitioner's trial are official persons, so, a liberal approach can be taken towards the petitioner's prayer.
6. Accordingly, let the petitioner named-above be enlarged on bail in connection with Excise P.S. Case No. 306 of 2025, on furnishing bail bond of Rs. 20,000/-(Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court Concerned, subject to the condition: (i) If the trial court is going to proceed with trial of the petitioner, then he will be released after framing of charges upon
Patna High Court CR. MISC. No.64491 of 2025(2) dt.17-09-2025 3/3 him, if the charges are not framed for any legal reason in next one month then the petitioner shall be released as per above order.
7. The bail application stands disposed of.
(Shailendra Singh, J) Ranjeet/- U T