Ajay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1887 of 2024 Arising Out of PS. Case No.-20 Year-2023 Thana- BEERPUR District- Begusarai ====================================================== Ajay Singh, Gender-Male, aged about 56 years, S/O Krishnnandan Singh, R/O - Birpur, P.S Birpur, Dist-Begusarai.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sunil Kumar, Advocate For the Opposite Party :

Mrs. Sharda Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with N.D.P.S. Case No. 8 of 2023, arising out of Birpur P.S. Case No. 20 of 2023 dated 19.02.2023 registered for the offences punishable under Sections 20(b)(ii)(A) of the N.D.P.S. Act and 25(1-b)1, 26 and 35 of the Arms Act.

3. As per the prosecution case, the informant alongwith the team, upon reaching near Jagdar Road, apprehended the petitioner and recovered one county made pistol, 315 bore cartridges, 13 packets of powder like charas, one motorcycle and a mobile phone from his possession.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.1887 of 2024(4) dt.30-04-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. No incriminating article has been recovered from possession of the petitioner and due to biasness of the local police, the petitioner has been made in the present case. It is further submitted that the seized contraband is less than commercial quantity. The petitioner has eleven criminal antecedents and in ten cases, he is on bail as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 21.02.2023.

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

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to 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 learned Additional Sessions Judge-I, Begusarai in connection with N.D.P.S. Case No. 8 of 2023, arising out of Birpur P.S. Case No. 20 of 2023 with further conditions:- (i) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which

Patna High Court CR. MISC. No.1887 of 2024(4) dt.30-04-2024 3/3 on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

(ii) If the petitioner is found involved in any kind of offence in future, the prosecution will have liberty to move for cancellation of his bail bonds.

7. The application stands allowed.

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