Pankaj Singh @ Sanjay Singh @ Hanuman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34185 of 2020 Arising Out of PS. Case No.-429 Year-2020 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== PANKAJ SINGH @ SANJAY SINGH @ HANUMAN S/O Kashinath Singh R/o Village Dihara, P.S. Shivsagar, District Rohtas at Sasaram, at Present R/o Village Akhalaspur (in front of Bindraban Hotel), P.S. Bhabua, District - Kaimur at Bhabua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-03-2021 Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 20(B)/22 of the N.D.P.S. Act. The prosecution case, in short, is that 4.900 kgs ganja and 32 bottles liquor are recovered.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. It is alleged that 4.900 kgs ganja and 32 bottles are

Patna High Court CR. MISC. No.34185 of 2020(2) dt.04-03-2021 2/2 recovered from the joint house of the petitioner. Same is below the commercial quantity. Hence Section 37 of N.D.P.S. Act is not attracted in this case. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge regarding the alleged incident. There is no compliance of Sections 42 and 50 of N.D.P.S. Act and Section 100 Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judgecum-Special Judge, Kaimur at Bhabua in connection with Bhabua P.S. case No.429 of 2020, G.R. No.19 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T