Bhupendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.800 of 2023 Arising Out of PS. Case No.-235 Year-2022 Thana- BHELDI District- Saran ====================================================== BHUPENDRA SINGH Son of Dipnarayan Singh R/v- Badki Sirisia, P.S.- Bheldi, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vipin Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2023 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 8/20(b)(ii) (c), 29 of the N.D.P.S. Act.

As per prosecution case, when the police party was on patrolling duty at Village Laganpura, arrested the petitioner with a motorcycle. On search, 15.300 kg ganja like substance was recovered from his motorcycle and at the instance of the petitioner, 12.940 kg ganja was also seized behind the house of co-accused namely, Manoj Rai.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no

Patna High Court CR. MISC. No.800 of 2023(2) dt.04-04-2023 2/2 concern with the alleged recovery of ganja like substance and the same is alleged to be 15.300 kg which does not come under purview of the commercial quantity as per N.D.P.S. Act. It is further submitted that the motorcycle in question which was seized from the spot belongs to co-accused Manoj Rai. Moreover, the petitioner is languishing in judicial custody since 29.6.2022.

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 Bheldi P.S. Case No. 235 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 Special Judge, Saran at Chapra.

(Sunil Kumar Panwar, J) Amandeep/- U T