Vinay Singh @ Vinay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20424 of 2019 Arising Out of PS. Case No.-9 Year-2019 Thana- KASHICHAK District- Nawada ====================================================== Vinay Singh @ Vinay Kumar Singh Son of Late Ram Chandra Singh Resident of Village- Khakhri, P.S.- Kashichak, District- Nawada. Permanent Resident of Village- Sawandih, P.S. and District- Lakhisarai. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-04-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 8(b) and 20(a)(b) of the NDPS Act.

The prosecution case is that on secret information that the petitioner has planted ganja plant in the premises of his house, a raid was laid in the petitioner's house and two green ganja plants, weighing total 1.3 grams were recovered. It is submitted by learned counsel for the petitioner that the recovery has been made from adjacent place to the dilapidated house and the house in question belongs to the maternal grandfather of the petitioner. A statement has been made in paragraph

Patna High Court CR. MISC. No.20424 of 2019(2) dt.03-04-2019 2/2 no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the recovery has been made from the house of the petitioner and he is named in the FIR. Considering the fact that neither the prosecution case nor the impugned order suggest that any verification was made to the effect that the premises in question belongs to the petitioner, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sessions Judge (NDPS), Nawada. in connection with Special (NDPS) Case No. 04 of 2019, arising out of Kashichak P.S. Case No. 09 of 2019, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T