Sudarshan Singh @ Loha Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51333 of 2018 Arising Out of PS.Case No. -250 Year- 2015 Thana -PALIGANJ District- PATNA ======================================================
1. Sudarshan Singh @ Loha Singh S/o - Bajnath Singh @ Baijnath Singh
2. Rakesh Singh @ Karu Singh @ Rakesh Sharma S/o Kedar Singh @ Bachu Singh
3. Balmukund Singh @ Pintu Singh S/o Kedar Singh @ Machu Singh All R/o Village - Akbarpur, P.S. - Paliganj, District - Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-09-2018 The petitioners are apprehending their arrest in connection with Special (N.D.P.S) Case No. 47 of 2015 arising out of Paliganj P.S. Case No. 250 of 2015, registered for offences punishable under Sections 20(b)(ii) of the Narcotic Drugs and Psychotropic Substance Act, 1985.
Allegation against the petitioners is of recovery of plants of ganja (cannabis) from their courtyard.
It has been submitted on behalf of the petitioners that they have falsely been made accused in this case and the recovery is not from the conscious possession of the petitioner rather the same is from the courtyard. However, other co-accused of this case having similar allegation has already been granted the
Patna High Court Cr.Misc. No.51333 of 2018 (2) dt.14-09-2018 2/3 privilege of anticipatory bail by a coordinate Bench of this Court vide order date 30.07.2018 passed in Cr. Misc. No. 44533 of 2018. Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Sessiions Judge cum Special Judge, Patna, in connection with Special (N.D.P.S) Case No. 47 of 2015 arising out of Paliganj P.S. Case No. 250 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on
Patna High Court Cr.Misc. No.51333 of 2018 (2) dt.14-09-2018 3/3 the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/- U T