Gaurav Singh @ Gaurav Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87480 of 2024 Arising Out of PS. Case No.-84 Year-2021 Thana- KRITYANAND NAGAR District- Purnia ====================================================== Gaurav Singh @ Gaurav Kumar Singh S/O Nand Kishore Singh Res of village - Ram Nagar, P.S- K. Hat now Maranga , District purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Bidhu Ranjan, Advocate Mr. Kumar Rajdeep, Advocate Ms. Diksha Kumari, Advocate For the State :

Dr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-03-2025 Heard learned senior counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offences punishable u/s 8/ 21/ 22(B) (C) of the N.D.P.S. Act.

3. Earlier, the petitioner had filed Cr. Misc. No. 40306 of 2022 for anticipatory bail of the petitioner and vide order dated 17.02.2023, the same was rejected with the liberty to surrender before the court below and seek regular bail. After rejection of the anticipatory bail application, petitioner surrendered on 08.07.2024.

4. Altogether, 1.15 kg of brown sugar has been recovered from the place of the occurrence and three persons were

Patna High Court CR. MISC. No.87480 of 2024(4) dt.05-03-2025 2/3 apprehended on the spot.

5. It is submitted by learned senior counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. He has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The recovery has been made from four accused persons. The petitioner is not the owner of the said vehicle. The owner of the truck is one Amrit Kumar alias Sajjan. Petitioner was not apprehended on the spot and his name transpired on the basis of confessional statement of the apprehended co-accused. It is further submitted that charge has been framed against the petitioner. It is also submitted that the petitioner has one criminal antecedent as mentioned in second supplementary affidavit filed on behalf of the petitioner and he has been languishing in custody since 08.07.2024.

6. Learned APP for the State opposes the prayer for bail.

7. Considering the arguments of the parties, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/the Successor Court, in connection with Supplementary Special NDPS Case

Patna High Court CR. MISC. No.87480 of 2024(4) dt.05-03-2025 3/3 No.17 of 2021 (CIS No. 121/2024) (arising out of K. Nagar P.S. Case No. 84 of 2021).

8. Petitioner is directed to cooperate in the trial. If the petitioner fails to appear before the learned Court below on two consecutive dates fixed in the case, the prosecution will be at liberty to file an application for cancellation of bail bond of the petitioner before the learned Court below.

(Anjani Kumar Sharan, J) priyanka/- U T