Suraj Kumar @ Surajbhan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72902 of 2024 Arising Out of PS. Case No.-52 Year-2024 Thana- TARIYANI CHAPRA PS DistrictSheohar ====================================================== Suraj Kumar @ Surajbhan Singh, aged about 19 years, Gender-Male, son of Naresh Kumar Singh, R/O Village- Tariyani Chapra, PS -Tariyani Chapra, Dist -Sheohar.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Hans Lal Kumar, Advocate For the Opposite Party :

Mrs. Sharda Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Tariyani Chapra P.S. Case No. 52 of 2024 dated 15.06.2024 registered for the offences punishable under Sections 399, 402 of the I.P.C., 20, 22, 23, 24, 27 and 29 of the N.D.P.S. Act and Sections 25(1B)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, one loaded country made katta alongwith one live cartridge and 1.52 mg., smack like substance were recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.72902 of 2024(2) dt.03-10-2024 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has no concern with the alleged offence. There is no statutory compliance of Sections 42 and 50 of the N.D.P.S. Act. Nothing incriminating article has been recovered from the possession of the petitioner. The seized contraband is of small quantity. The other coaccused, person, Raju Kumar @ Raju Kumar Ram, has already been granted bail by a Bench of this Court vide Cr. Misc. No. 62366 of 2024 under order dated 18.09.2024, annexed as Annexure-2 to the present bail petition. The petitioner has one criminal antecedent in which he is on bail as stated in paragraph no. 3 of the bail application. The petitioner is in custody in this case since 15.06.2024.

5.Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge (NDPS), Sheohar, in connection with Tariyani Chapra P.S. Case No. 52 of

Patna High Court CR. MISC. No.72902 of 2024(2) dt.03-10-2024 3/3 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T