Sadhu Singh @ Awadhesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62678 of 2018 Arising Out of PS. Case No.-158 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== Sadhu Singh @ Awadhesh Singh, son of Anirudh Singh, a resident of Village- Sirsi, Police Station- Bakhtiyarpur, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Arvind Kumar Mouar For the Opposite Party/s :

Mr. Sri Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Special Case No. 24 of 2018 arising out of Bakhtiyarpur P.S. Case No. 158 of 2018 registered for the offence punishable under Sections 20, 22 of N.D.P.S. Act and Section 25 (1-b) a, 26, 35 of Arms Act.

Allegation against petitioner is of recovery of 1⁄2 Kg Ganja from the house of petitioner.

It has been submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated in this case at the instance of co-villager only with a view to capture the land of the petitioner. It has been further submitted that alleged recovery comes within small

Patna High Court Cr.Misc. No.62678 of 2018(2) dt.11-10-2018 2/2 quantity and there is no recovery of arms and ammunition from the petitioner. Petitioner is in custody since 30.03.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of leanred Additional District & Sessions Judge- Xth, Patna, in connection with Special Case No. 24 of 2018 arising out of Bakhtiyarpur P.S. Case No. 158 of 2018 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) veena/- U T