Patna High CourtCR. MISC./30917/2014bail granted

Devendra Singh v. The State Of Bihar

2015-01-28Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30917 of 2014 Arising Out of PS.Case No. -1 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. DistrictNALANDA (BIHARSHARIFF) ======================================================

1. Devendra Singh Son of Late Vijay Singh Resident of village- Kariyana, Police Station- Silao, District- Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. Surendra Pd. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-01-2015 Heard the parties.

In this application for anticipatory bail the petitioner apprehends his arrest for the offence punishable under section 20 (a) of the N.D.P.S. Act.

Allegedly, eight Ganja plants were recovered and the petitioner has been made accused in the case. Submission is that in the seizure list it is not mentioned as to from whose place and from where the said Ganja plants were recovered and as such the petitioner being falsely implicated deserves sympathetic consideration. Neither it is mentioned that in which plot the said Ganja was planted and who is the owner of that plot.

Patna High Court Cr.Misc. No.30917 of 2014 (2) dt.28-01-2015 2/2 The learned A.P.P. is not in a position to controvert the aforesaid submission.

In the facts and circumstances as stated above, considering that the seizure place is not mentioned nor it is shown as to how the petitioner is related with that place and as such the petitioner in case of his arrest or surrender within two months from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. Sessions Judge/Special Judge, Nalanda at Biharsharif in Case No. 1c3 of 2014, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T