Chandra Kant Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36391 of 2017 Arising Out of PS.Case No. -54 Year- 2014 Thana -ALAMNAGAR District- MADHEPURA ======================================================

1. Chandra Kant Singh, son of Late Chhatradhari Singh, Resident of Village- Ramnagar, P.S.- Beldor, District- Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Amrendra Kumar Jha For the Opposite Party/s : Mr. Sri Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-08-2017 Heard the parties.

The petitioner is apprehending his arrest in connection with Alamnagar P.S. Case No. 54 of 2014 registered for offences punishable under Sections 15, 18 and 46 of the Narcotic Drugs and Psychotropic Substance Act. Allegation against the petitioner, as per the first information report, is that when police party raided the village of the petitioner it was found that several persons are cultivating opium in their field. In the field of the petitioner also, opium plantation was found.

Submission of the learned counsel for the petitioner is that petitioner had given the land in question on mortgage to one Sanjay Singh, who was cultivating the same. It is further

Patna High Court Cr.Misc. No.36391 of 2017 (2) dt.10-08-2017 2/2 submitted that police after investigation submitted final form finding the case not true against the petitioner. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above let the petitioner, above named, in the event of arrest or surrender before the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Sessions Judge-cumSpecial Court, Madhepura in connection with Alamnagar P.S. Case No. 54 of 2014 subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioner shall be local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the trial of the case and make himself available as and when required, otherwise, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) Manish/- U T