Kapil Mahto @ Kapildeo Prasad @ Kapil Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37408 of 2021 Arising Out of PS. Case No.-43 Year-2021 Thana- AKBARPUR District- Nawada ====================================================== Kapil Mahto @ Kapildeo Prasad @ Kapil Prasad S/O Vago Mahto R/O Village-Partokarhari, P.S-Akbarpur, District-Nawada. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Man Mohan Kumar, Advocate For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in connection with Akbarpur P.S. case No.43 of 2021 registered under Sections 8(b), 20(a)(b) of the N.D.P.S. Act.

Allegation is that 14.460 kgs ganja plants is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake

Patna High Court CR. MISC. No.37408 of 2021(2) dt.22-12-2021 2/2 of fact. 43.460 kgs ganja plants is said to have been recovered in abandoned state from the land belonging to the joint family of the petitioner. The petitioner had no knowledge regarding the same. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve 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 learned Sessions Judge, Nawada in connection with Akbarpur P.S. case No.43 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T