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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3991 of 2018 Arising Out of PS.Case No. -195 Year- 2017 Thana -UDWANTNAGAR District- BHOJPUR ======================================================

1. Jitendra Singh @ Jitendra Kumar Singh S/o Satal Singh, R/o VillageMasadh, P.S.- Udwant Nagar, Gajrajganj, Distt.- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-02-2018 The petitioner is apprehending his arrest in connection with Narcotic Drugs and Psychotropic Substance Act, 1985 Case No. 25 of 2017, arising out of Udwant Nagar Gajrajganj P.S. Case No. 195 of 2017, registered for offences punishable under Sections 20 and 22 of Narcotic Drugs and Psychotropic Substance Act, 1985.

Allegation is of recovery of 55 Kg of ganja from the house and a Bolero Vehicle of one Banke Bihari Singh and he disclosed that he purchased the ganja from the co-accused Rakesh Singh and was to sale to petitioner and others. It has been submitted on behalf of the petitioner that nothing has been recovered from the possession of the petitioner and he has been made accused in this case only on the disclosure

Patna High Court Cr.Misc. No.3991 of 2018 (2) dt.05-02-2018 2/3 of the said Banke Bihari Singh. Further other accused having similar allegation has already been granted the privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 28.11.2017 passed in Cr. Misc. NO. 52843 of 2017. further petitioner has no criminal antecedent.

Heard learned also.

Having heard both sides, though the case is under the NDPS Act and recovery is huge, however, considering the fact that other co-accused having similar allegation has already been granted the privilege of pre arrest bail by a coordinate Bench of this Court, as such, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned District & Sessions Judge, Bhojpur at Ara, in connection with Udwant Nagar Gajrajganj P.S. Case No. 195 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the

Patna High Court Cr.Misc. No.3991 of 2018 (2) dt.05-02-2018 3/3 concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part two appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

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