Upendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1167 of 2025 Arising Out of PS. Case No.-345 Year-2024 Thana- GAURICHAK District- Patna ====================================================== Upendra Singh S/o Late Chandrika Singh Resident of vllage- Chipura Khurd, Ps- Gaurichak, District- Patna ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Chandra Gandhi For the Opposite Party/s :
Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Special NDPS Case No. 136 of 2024 arising out of Gaurichak P.S. Case No. 345 of 2024 dated 18.07.2024 registered for the offences punishable under Sections 8(b) and 20(b)(ii) of N.D.P.S. Act.
3. As per the prosecution case, total 2.200 Kgs of ganja and Rs. 15,200/- in cash were recovered from the house of the co-accused Avnit Kumar who disclosed the name of the petitioner who fled away from the place of occurrence.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.1167 of 2025(3) dt.19-03-2025 2/2 this case. Nothing has been recovered from the possession of the petitioner. The seized contraband is less than commercial quantity. The petitioner has no concern with the alleged recovery. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.08.2024. Similarly situated co-accused has already been granted bail by this court vide order dated 05.02.2025 passed in Cr. Misc. No. 86470 of 2024.
5. Learned A.P.P. for the State has 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 abovenamed, 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 Court concerned, Patna in connection with Special NDPS Case No. 136 of 2024 arising out of Gaurichak P.S. Case No. 345 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T