Shankar Singh @ Sankar Singh v. The Unionof India Through The Secretary, Ministry Of Home, Narcotic Drugs Control Bureau, New Delhi

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75319 of 2023 Arising Out of PS. Case No.-227 Year-2023 Thana- ADAPUR District- East Champaran ====================================================== Shankar Singh @ Sankar Singh S/O Late Ram Narayan Singh R/O Vill - Tinkoni, P.S .- Darpa, Distt. - East Champaran ... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Ministry of Home, Narcotic Drugs Control Bureau, New Delhi New Delhi 2.

The State of Bihar Through the Department of Narcotic Drugs Control Bureau, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sumit Kumar For the Opposite Party/s :

Mr.Dr. Krishna Nandan Singh (Asg) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 8, 20(b)(ii)(B) of N.D.P.S. Act.

As per the allegation in F.I.R, 2.6 kg of Ganza like narcotics substance has been recovered from the possession of the petitioner.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.75319 of 2023(2) dt.29-11-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The petitioner has no concern with the alleged recovered contraband. The alleged recovered Smack like narcotics substance is lesser than commercial quantity as per N.D.P.S. Act. There is no independent witness of the alleged seizure. Moreover, the petitioner is languishing in judicial custody since 23.07.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail after framing of charge. The above named petitioner is directed to be enlarged on bail after framing of charge, if the charge is not framed in connection

Patna High Court CR. MISC. No.75319 of 2023(2) dt.29-11-2023 3/3 with Adapur P.S. Case No. 227 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M.,East Champaran, Motihari. (Sunil Kumar Panwar, J) Nirajkrs/- U T