Chhotu Singh @ Ritesh Singh @ Uday ... vs The State Of Bihar
2021 Latest Caselaw 583 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.36943 of 2020
  Arising Out of PS. Case No.-212 Year-2020 Thana- KUDRA District- Kaimur (Bhabua)
======================================================

Chhotu Singh @ Ritesh Singh @ Uday Narayan Singh, aged about 26 years, Male, son of Ashok Singh, Resident of Village- Kudra Babu Mohalla, P.S.- Kudra, District- Kaimur at Bhabua.

... ... Petitioner/s Versus The State Of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajani Kant Pandey, Advocate For the State : Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 02-02-2021

Heard Mr. Rajani Kant Pandey, learned counsel for the

petitioner and Mr. Rana Randhir Singh, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

2. The petitioner is in custody in connection with NDPS

Case No. 20 of 2020 arising out of Kudra PS Case No. 212 of

2020 dated 12.07.2020, instituted under Section 21(a) of the

Narcotic Drugs and Psychotropic Substances Act, 1985.

3. The allegation against the petitioner is that from his

pocket, 1.460 grams of heroin was recovered in five packets and

Rs. 3500/-.

4. Learned counsel for the petitioner submitted that

he has been falsely implicated by the police for oblique reasons.

Patna High Court CR. MISC. No.36943 of 2020 dt.02-02-2021

It was submitted that against the petitioner there is one case of

fight between the agnates and another case under the NDPS

which was earlier in time in which the petitioner was not

accused but after being arrested in the present case he has been

made accused in that case also. It was submitted that the

petitioner is in custody since 13.07.2020.

5. Learned APP submitted that from the petitioner heroin

was recovered.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned Sessions Judge-

cum-Special Judge, Kaimur at Bhabua in NDPS Case No. 20 of

2020 arising out of Kudra PS Case No. 212 of 2020, subject to

the conditions (i) that one of the bailors shall be a close relative

of the petitioner, (ii) that the petitioner and the bailors shall

execute bond with regard to good behaviour of the petitioner,

and (iii) that the petitioner shall also give an undertaking to the

Court that he shall not indulge in any illegal/criminal activity,

act in violation of any law/statutory provisions, tamper with the

evidence or influence the witnesses. Any violation of the terms Patna High Court CR. MISC. No.36943 of 2020 dt.02-02-2021

and conditions of the bonds or the undertaking shall lead to

cancellation of his bail bonds. The petitioner shall cooperate in

the case and be present before the Court on each and every date.

Failure to cooperate or being absent on two consecutive dates,

without sufficient cause, shall also lead to cancellation of his

bail bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T