Jitendra Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38787 of 2021 Arising Out of PS. Case No.-235 Year-2021 Thana- KANTI District- Muzaffarpur ====================================================== JITENDRA JHA Son of Late Ram Dular Jha Resident of Village - Kanti Kasba, Ward no.- 03, P.S.- Kanti, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anjana, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-12-2021 Heard learned counsel for the parties.

Let the defect(s), if any, be removed within four weeks after complete start of the physical Court. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 8, 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

From the house of the petitioner, three Kg. of Ganja was recovered. Two sons of the petitioner are also co-accused in this case. One of the sons is already in jail. Petitioner is aged about 67 years having no criminal antecedent. Submission is that there is no material to substantiate direct involvement of the petitioner or to attribute knowledge against the petitioner when the house is occupied by some other family members also.

Patna High Court CR. MISC. No.38787 of 2021(2) dt.13-12-2021 2/2 Since there is lack of direct material that the petitioner was involved in the offence alleged, let the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Kanti Police Station Case No. 235 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Kundan/- U T