Anuj Rai @ Anjay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3476 of 2019 Arising Out of P.S. Case No.-532 Year-2018 Thana- FATUA District- Patna ====================================================== Anuj Rai @ Anjay (M) aged about 24 years, son of Munarik Rai Resident of Village- Garhochak, P.S.- (Fatuha), District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Ranjit Ranjan, Advocate For the Opposite Party/s :

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 25-01-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 10.09.2018 in connection with Special Case No.100 of 2018 arising out of Fatuha P.S.Case No.532 of 2018 for the offence alleged under Sections 20 and 22 of the N.D.P.S. Act. The prosecution case as lodged by the police personnel is that on secret information that one person is selling ganja in his Gumti, the police raided the place and apprehended the petitioner. From the Gumti, 1.500 K.G. of ganja was recovered. Accordingly, a seizure list was prepared. It has been submitted by the learned counsel for the petitioner that he is innocent, there is no criminal history and has been falsely implicated in the aforesaid case. He further

Patna High Court Cr.Misc. No.3476 of 2019(2) dt.25-01-2019 2/3 submits that Gumti did not belong to him, he is a daily wage labourer, the ganja so seized is less than the commercial quantity, the petitioner is languishing in judicial custody since more than four months and chargesheet has already been submitted, there being no allegation of tampering with the prosecution witnesses.

However, learned APP for the State opposes the prayer for bail stating therein that the ganja was recovered from the Gumti of the petitioner.

Considering the facts and circumstances and the nature of allegations and the materials on record, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Special Case No.100 of 2018 arising out of Fatuha P.S.Case No.532 of 2018 to the satisfaction learned Sessions Judge/Special Judge, Patna, subject to the following conditions:- (i) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating their relationship with the petitioner. (ii) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the

Patna High Court Cr.Misc. No.3476 of 2019(2) dt.25-01-2019 3/3 learned Court below for cancellation of his bail bonds. (Nilu Agrawal, J) B.Kr./- U T