Pankaj Singh @ Pakauri Singh @ Pakauri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8261 of 2018 ======================================================

1. Pankaj Singh @ Pakauri Singh @ Pakauri, son of Umesh Singh, Resident of Village- Masarh, P.S.- Udwant Nagar, District- Bhojpur, Bihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sudha Chandra For the Opposite Party/s : Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-02-2018 Heard both sides.

The petitioner apprehends his arrest in N.D.P.S. Case No.25 of 2017 arising out of Udwantnagar(Gajraj Ganj) P.S. Case No.195 of 2017 registered under Sections 20 and 22 of the N.D.P.S. Act.

The S.H.O., O.P. Gajraj Ganj alleged that he got information that one Banke Bihari Singh had kept ganja in his house and on such a raiding team was constituted. The raiding team raided the house of Banke Bihari Singh @ Sonu Singh. 30 Kgs. ganja was recovered from the house of Banke Bihari Singh and 25 Kgs. ganja was recovered from his vehicle (Bolero) bearing registration No.BR-3P-2190. Banke Bihari Singh is said to have disclosed that he purchased ganja with the help of his

younger uncle, Brij Kishore Singh two days earlier from Rakesh Singh. He further disclosed that he was going to sell the aforesaid ganja to Dinesh Singh, Pakauri, the petitioner, Jitendra Singh and Bomka.

The learned counsel for the petitioner submits that nothing has been recovered from the house of the petitioner. Banke Bihari Singh from whose house and vehicle, 55 kgs. ganja was recovered disclosed the name of the petitioner and stated that he was going to sell ganja to the petitioner and others. Jitendra Singh, one of the persons whose name also surfaced in the statement of Banke Bihari Singh as purchaser has already been granted anticipatory bail vide order passed in Cr. Misc. No.3991 of 2018. Rakesh Singh, another co-accused whose name also surfaced in the statement of Banke Bihari Singh has already been granted anticipatory bail vide order passed in Cr. Misc. No.52843 of 2017. The case of the petitioner stands exactly on the same footing as that of co-accused, Jitendra Singh.

Considering the facts that the name of the petitioner figured in the statement of Banke Bihari Singh from whose house and vehicle, 55 kgs.

anticipatory bail, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, Bhojpur, Ara in connection with N.D.P.S. Case No.25 of 2017 arising out of Udwant Nagar P.S. Case No.195 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T