Arun Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9001 of 2024 Arising Out of PS. Case No.-771 Year-2023 Thana- Excise P.S. District- Aurangabad ====================================================== Arun Ram Son Of Mahadev Singh @ Mahadev Ram Village -BASO PsHariharganj District -Palamu Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Singh, Advocate For the Opposite Party/s :

Mr.Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-03-2024

1. Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 20(b), 22 of the N.D.P.S. Act.

3. The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 12 Kilograms of 'Ganja' from a Scorpio vehicle.

4. It is next submitted that Shivam and Ankit Kumar were arrested from the Scorpio vehicle. It is further submitted that Shivam is son of the petitioner and the petitioner came to be implicated in the instant case on the ground that the vehicle from which 'Ganja' was recovered is registered in his name. It is further submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create

Patna High Court CR. MISC. No.9001 of 2024(2) dt.05-03-2024 2/3 evidence against himself and hence would get implicated. It is next submitted that petitioner was completely unaware that his son was involved in such type of nefarious activities who was also apprehended from the spot. The learned counsel next submits that petitioner will not abscond rather will cooperate in the investigation.

5. The learned APP opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Excise Case No.771 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that petitioner despite giving assurance to this Court is not cooperating in the

Patna High Court CR. MISC. No.9001 of 2024(2) dt.05-03-2024 3/3 investigation, in that event, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner after giving him an opportunity of hearing.

8. It is further made clear that in the event if charge sheet is submitted connecting the petitioner with the offence, in that event, the present anticipatory bail order shall loose its effect.

9. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T