Patna High CourtCR. MISC./74167/2023bail granted

Nirbhay Singh v. The State Of Bihar

2023-11-29Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74167 of 2023 Arising Out of PS. Case No.-98 Year-2023 Thana- BAGENGOLA District- Buxar ====================================================== NIRBHAY SINGH S/o- SHRAWAN SINGH SHRAWAN KUMAR SINGH Village- Kaithi Ps- Bagengola Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyapal Singh For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-11-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Bagengola P.S. Case No. 98 of 2023 registered for the offence under Sections 8(C), 21(B) of the N.D.P.S. Act.

4. As per the prosecution case, 5.2 gms of Heroine has been recovered from the petitioner.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case and no recovery of the alleged article has been made from his possession.

6. Learned counsel for the petitioner also submits that the petitioner is in custody since 08.09.2023.

Patna High Court CR. MISC. No.74167 of 2023(2) dt.29-11-2023 2/2

7. It has further been argued by the learned counsel for the petitioner that the petitioner's name has come in the confessional statement of the other co-accused who has said that that the petitioner has given him the heroine.

8. Learned A.P.P. has vehemently opposed the prayer for bail.

9. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

10. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District Judge-cum-Special Judge, N.D.P.S. Act, Buxar in connection with Bagengola P.S. Case No. 98 of 2023.

11. After being released on bail, the petitioner will mark his attendance at Bagengola Police Station on the every Sunday. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner. (Sandeep Kumar, J) Vikas/- U