Daroga Turiya @ Darogi Turiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45197 of 2017 Arising Out of PS.Case No. -10 Year- 2017 Thana -KAUAKOL District- NAWADA ====================================================== Daroga Turiya @ Darogi Turiya, Son of Late Bhuli Turiya, Resident of Village- Mahuliya Tar, P.S.- Kauakol, District- Nawada. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ajit Kumar, Advocate. For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Kauakol P.S. Case No. 10 of 2017 instituted for the offence under Sections 20 and 22 of N.D.P.S. Act.

In the written report it is alleged that in 3 Dhurs of land, 30 plants of opium were found planted. The aforesaid land is said to belong to the petitioner, but in the written report there is no mention of any Khata Number, Plot Number etc. to identify that the aforesaid land belongs to the petitioner. The seizure list was prepared which does not bear signature of the petitioner. Learned counsel for the petitioner has submitted that written report has been filed merely on the basis of information of the spy.

Patna High Court Cr.Misc. No.45197 of 2017 (4) dt.15-01-2018 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Kawakol P.S. Case No. 10 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Nawada, in Special Case (N.D.P.S.) Case No. 03 of 2017, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate 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 reasonable reason will be liable to cancel his bail bond and (3) if 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.

(Sanjay Priya, J) S.Ali/- U T