Arvind Sharma @ Tarun Sharma @ Tarun Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25323 of 2021 Arising Out of PS. Case No.-30 Year-2020 Thana- KHIJARSARAI District- Gaya ====================================================== ARVIND SHARMA @ TARUN SHARMA @ TARUN SINGH Son of Binod Singh Resident of Village- uttrawa, Police station - Khizersarai, District - Gaya.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in connection with Khizersarai P.S. case No.30/2020 registered under Sections 8, 20, 22 of the N.D.P.S. Act.

Allegation is that eight plants of ganja of 10 feet in height were found behind the house of the petitioner. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.25323 of 2021(2) dt.09-12-2021 2/2 petitioner. The petitioner has been made accused due to mistake of fact. Eight plants of ganja is said to have been found on the back side of the joint house of the petitioner, which is easily accessible to anyone. The petitioner had no knowledge regarding the same. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge-cum-Special Judge (N.D.P.S. Act), Gaya in connection with Khizersarai P.S. case No.30/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T