Patna High CourtCR. MISC./71218/2023bail granted

Sachin Kumar Singh v. The State Of Bihar

2023-11-09Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71218 of 2023 Arising Out of PS. Case No.-345 Year-2023 Thana- KOTWALI District- Patna ====================================================== Sachin Kumar Singh, Son Of Late Vijay Singh, Resident of Village -Chilahari, P. S. - Dumraon, District Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar, Advocate For the Opposite Party/s :

Mrs.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Special Case No. 129 of 2023, arising out of Kotwali P.S. Case No. 345 of 2023, registered on 11.05.2023 for the alleged offences under Sections 8/20(b)(ii)(A) of N.D.P.S. Act.

3. The allegation is recovery of 186.830 gms of ganja from the petitioner who has been denied bail by the learned court below on the ground that he was having antecedent of criminal nature.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and the recovery of 186.830 gms comes under small quantity of the

Patna High Court CR. MISC. No.71218 of 2023(2) dt.09-11-2023 2/3 government notification. The petitioner is in custody since 12.05.2023 and charge sheet has been submitted.

5. Learned APP vehemently opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances of the case and submissions made on behalf of the parties and considering the small quantity of the contraband and further considering the period of custody of the petitioner and submission of charge sheet, the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions JudgeXII, Patna/concerned court in connection with Special Case No. 129 of 2023, arising out of Kotwali P.S. Case No. 345 of 2023, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three

Patna High Court CR. MISC. No.71218 of 2023(2) dt.09-11-2023 3/3 consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) DKS/- U T