Nawal Kishore Singh @ Nawal Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13288 of 2024 Arising Out of PS. Case No.-167 Year-2023 Thana- NATIONAL HIGHWAY DistrictSamastipur ====================================================== Nawal Kishore Singh @ Nawal Mahto S/O Bodhi Singh @ Rudal Mahto R/O Village- Muradpur Bangra, P.S-N.H. Bangra, Distt.- Samastipur. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raja Ram Mishra For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-03-2024 1.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
2.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 20(B)II(A) of NDPS Act.
3.
Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant alleging that 44 grams of ganja were recovered from a room of his house. It is next submitted that commercial quantity of ganja is 20 kg and above, while small quantity is up to 1 kg. It is further submitted that in the present case the allegation is of recovery of 44 grams. 4.
The learned counsel very fairly submits that at
Patna High Court CR. MISC. No.13288 of 2024(2) dt.19-03-2024 2/3 times even ganja in meager quantity is kept for consumption. It is thus submitted that even presuming what has been alleged is true without admitting then the ganja recovered is of a very meager quantity, i.e., 44 grams. It is next submitted that petitioner was not apprehended from the spot and came to be implicated in the instant case on the ground that the house from which the ganja was recovered belongs to him when so many people live in the said house as such the entire allegation hinges around suspicion and even the ganja was not recovered from the room where the petitioner resides. It is further submitted that petitioner will not abscond rather will cooperate in the investigation.
5.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with NH
Patna High Court CR. MISC. No.13288 of 2024(2) dt.19-03-2024 3/3 Bangra P.S. Case No. 167 of 2023, subject to the conditions as 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 the petitioner, despite giving assurance to this court, is not cooperating in the investigation, in that event, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner and to take all coercive steps to ensure that the petitioner is behind bars. 8.
It is further made clear that if after investigation, charge sheet is submitted connecting the petitioner with the offence, in that event the present anticipatory bail order shall lose its effect.
(Satyavrat Verma, J) Sumit/- U T