Suraj Singh @ Chachu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6100 of 2023 Arising Out of PS. Case No.-11 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Gaya ====================================================== SURAJ SINGH @ CHACHU Son of Shri Ganesh Singh R/V- Biriya, P.OBamuripur, P.S- Auraiya, Dist- Auraiya, (Uttar Pradesh) Pin 206122 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Zonal Director, Narcotics Control Bureau, Patna Zonal Unit, Karpoori Thakur Sadan, Patna Karpoori Thakur Sadan, CGO Complex D and E Block, Ashiyana Digha Road, Patna 800025 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gautam Saha For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8(c), 18(b) 25, 28, 29, 35 and 60 of the NDPS Act As per prosecution case, 14 kg of liquid opium was recovered from a Brezza vehicle which was being drive by Md. Aslam Ansari. The said Aslam Ansari confessed hi guilt and disclosed the name of the petitioner as his associates. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of

Patna High Court CR. MISC. No.6100 of 2023(5) dt.07-07-2023 2/2 confessional statement of co-accused. The petitioner was neither apprehended on the spot nor any incriminating article has been recovered from his conscious possession. He has got no criminal antecedent. Similarly situated co-accused has already been granted bail by this Court vide order dated 23.05.2023 passed in Cr. Misc. No. 55599 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 27.05.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with NCB Case No. 11 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions-cum-Special Judge, NDPS, Act, Gaya. (Sunil Kumar Panwar, J) arish/- U T