Sonu Nigam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80977 of 2019 Arising Out of PS. Case No.-1050 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== SONU NIGAM, aged about 25 years, Male, Son of Raju Yadav, Resident of Village- Naya Tola Jurabganj, P.S.- Kodha, District- Katihar. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Chhote Lal Mishra, Advocate.

For the Opposite Party :

Mr. C. Jawahar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 414/34 of I.P.C. and Sections 20 and 22 of the N.D.P.S. Act.

The prosecution story, in brief, is that on 29.08.2019, while the informant was checking the vehicles, saw two persons sitting on Apache Motorcycle are coming. He signaled them to stop but the Motorcyclists did not stop and started fleeing away. They were apprehended on chase. From possession of coaccused Jatin Kumar, three old Mobiles and one Aadhar Card were recovered. From possession of Sonu Nigam (petitioner)

Patna High Court CR. MISC. No.80977 of 2019(2) dt.10-12-2019 2/3 who was driving the Motorcycle, two plastic covered pouches, two packets of Ganja weighing 1(one) Kg. Ganja was found in his pocket and besides these three mobiles were recovered from him. The apprehended accused persons could not show paper of those articles recovered from them.

It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 30.08.2019. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. 1 (one) Kg. Ganja and three mobiles are said to have been recovered from possession of the petitioner. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act in the present case. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/ Complaint Case. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special

Patna High Court CR. MISC. No.80977 of 2019(2) dt.10-12-2019 3/3 Judge, Muzaffarpur, in connection with Ahiyapur P.S. Case No. 1050 of 2019.

(Sudhir Singh, J) U.K./- U T