Krishna Singh @ Krishna Jeet Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38413 of 2021 Arising Out of PS. Case No.-5 Year-2021 Thana- KARPI District- Jehanabad ====================================================== Krishna Singh @ Krishna Jeet Singh Son of Dasrath Singh Resident of Village - Kusre, P.S.- Karpi in the district of Arwal. At present resident of Shramik Nagar Chinchkhed, Nasik, Maharastra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mrs. Sharda Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-12-2021 Heard learned counsel for the petitioner and the State. Learned 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 N.D.P.S. Case No. 03 of 2021 arising out of Karpi P.S. Case No. 05 of 2021 registered for the offence under Sections20(1)25 of the NDPS Act. The prosecution case, in short, is that four Ganja plants weighing 27 kg. are 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 falsely implicated in the present case. It is alleged that four Ganja plants weighing 27 kg. are said to have been recovered from the cattle shed, belonging

Patna High Court CR. MISC. No.38413 of 2021(2) dt.22-12-2021 2/2 to joint family of the petitioner. The petitioner had no knowledge regarding the Ganja plants. The petitioner is residing at Nasik to earn his livelihood. In his absence, the alleged occurrence has taken place. There is no compliance of Sections42 & 50 of the NDPS Act. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/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 District & Sessions Judge, Jehanabad in connection with N.D.P.S. Case No. 03 of 2021 arising out of Karpi P.S. Case No. 05 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T