Ravi Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17929 of 2022 Arising Out of PS. Case No.-613 Year-2021 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== 1.
RAVI MISHRA SON OF SRI UMESH MISHRA R/O VILLAGE- NAYA TOLA, SANGATPER, P.S.- BAKHTIARPUR, DISTRICT- PATNA 2.
MANOJ KUMAR @ MANOJ PANDEY SON OF LATE KAILU PANDEY @ RAJESHWAR PANDEY R/O VILLAGE- NAYA TOLA, SANGATPER, P.S.- BAKHTIARPUR, DISTRICT- PATNA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pravin Kumar, Advocate For the Opposite Party/s :
Mr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-09-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Section 21(b) of the N.D.P.S. Act.
Learned counsel for the petitioners submits that the petitioners have antecedent of two case and the informant alleges that one Jitendra was apprehended with 0.8 grams smack and cash while three accused managed to escape whose name was disclosed by Jitendra, Learned counsel for the petitioners submits that petitioners were not apprehended from the spot as such nothing
Patna High Court CR. MISC. No.17929 of 2022(2) dt.23-09-2022 2/3 was recovered from their conscious possession and have been falsely implicated in the present case by the informant, it is next submitted that his name transpired in the confessional statement of co-accused which has no evidentiary value. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners and submits at the matter is still under investigation.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below 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) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sadar P.S. Case No. 613 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. with a further condition that one of the bailors of the petitioner no.1 shall be his father, Umesh Mishra and one of the bailors of the petitioner no.2 shall be his close relative and the genealogy shall be duly certified by the Office of the Circle Officer. Further, if the police after investigation submits
Patna High Court CR. MISC. No.17929 of 2022(2) dt.23-09-2022 3/3 charge-sheet connecting the petitioner with the offence then the present anticipatory bail order shall lose its effect. (Satyavrat Verma, J) Rishi/- U T