Golu Kumar Sinha @ Ravi Shankar Sinha @ Ravi Shankar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23374 of 2023 Arising Out of PS. Case No.-285 Year-2022 Thana- SARSI District- Purnia ====================================================== GOLU KUMAR SINHA @ RAVI SHANKAR SINHA @ RAVI SHANKAR SON OF SHIVCHANDRA SINHA @ SHIV CHANDAR PRASAD @ SHIV CHADRA PRASAD SINHA RESIDENT OF VILLAGE- WARD NO. 6 SARSI, PS- SARSI, DISTT- PURNEA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s :
Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-07-2023
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 8(c)/21 (b)/22 (b) of the Narcotics Drugs and Psychotropic Substance Act.
3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that Md. Juber was apprehended with 9.33 gm of smack and he disclosed the name of the petitioner who fled on seeing the police.
4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot, as such nothing was
Patna High Court CR. MISC. No.23374 of 2023(2) dt.13-07-2023 2/3 recovered from his conscious possession, it is next submitted that he came to be implicated based on confessional statement of Md. Juber in police custody which does not have any evidentiary value, when admittedly petitioner is a person with clean antecedent. It is next submitted that petitioner will not abscond rather will co-operate in the investigation and will present himself as and when required by the Investigating Officer of the case for eliciting the truth.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six 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 the learned trial court where the case is pending/successor court in connection with Sarsi P.S. Case No. 285 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. One of the bailors of the petitioner shall be his father namely Shivchandra Sinha @ Shiv Chandar Prasad @
Patna High Court CR. MISC. No.23374 of 2023(2) dt.13-07-2023 3/3 Shiv Chadra Prasad Sinha.
8. However, it is made clear that if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that the petitioner despite giving assurance to this Court is not co-operating or is not presenting himself, the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons.
9. Let a copy of this order be also sent to the concerned Police Station through the learned Trial Court. (Satyavrat Verma, J) Rishabh/- U T