Kumod Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52927 of 2017 Arising Out of PS.Case No. -17 Year- 2017 Thana -DARBHANGA District- DARBHANGA ====================================================== Kumod Rai son of late Satto Rai, Mohalla- Bhagwandas, P.S. Town, Darbhanga.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Jitendra Narain Sinha, Advocate. For the Opposite Party : Mr. Ram Priya Saran Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-11-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner apprehends his arrest in G.O.

Case No.5 of 2017 for the offences under Sections 20 (b), 22 and 24 of the N.D.P.S.Act Counsel for the petitioner has submitted that 240 grams of ganja is said to have been recovered from the shop of the petitioner. The aforesaid quantity comes under the definition of small quantity.

Moreover, the petitioner was not present rather his father was present in the shop at the relevant time.

In the facts and circumstances of the case,

Patna High Court Cr.Misc. No.52927 of 2017 (3) dt.16-11-2017 2/2 prayer of the petitioner for grant of anticipatory bail is allowed. Let the petitioner, above named, in the event of their arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sessions Judge-cum- Special Judge, Darbhanga,in G.O. Case No.05/17 arising out of Town P.S.Case No.17/17 subject to the conditions as laid down under Section 438 (2) of 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners 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.

AnilKrSinha/- (Sanjay Priya, J) U T