Ram Parwesh Sah @ Taiya @ Ramapavesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18296 of 2018 Arising Out of PS.Case No. -216 Year- 2017 Thana -JOGBANI District- ARRARIA ====================================================== Ram Parwesh Sah @ Taiya @ Ramapavesh Sah, Son of Lal Chand Sah Resident of village - Taikuliya, Ward No.-10, Police Station - Jogbani, District Araria.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s : Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 5/ 18-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Special Case No.33 of 2017 arising out of Jogbani P.S. Case No.216 of 2017 instituted for the offence under Section(s) 21(c), 22 of the NDPS Act and Section 27(b), 28 read with Section 36 of Drugs and Cosmetic Act.

It is alleged in the written report that on confidential information police searched the house of the petitioner from where different cough syrups, Avil and other Injections, as mentioned in the written report, have been recovered. The counsel for the petitioner submits that petitioner was not present in the house. He has no concern with those

Patna High Court Cr.Misc. No.18296 of 2018 (5) dt.18-06-2018 2/3 articles. The seizure list does not bear signature either of the petitioner or any of the family members of the petitioner. Copy of the seizure list has been filed along with supplementary affidavit from which it appears that there is no signature either of the petitioner or any of the family members of the petitioner. It is mentioned in para 2 of the bail petition that petitioner has no criminal antecedents.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Special Case No.33 of 2017 arising out of Jogbani P.S. Case No.216 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sessions Judge, Arraria, subject to the conditions as laid down under Section 438(2) 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers

Patna High Court Cr.Misc. No.18296 of 2018 (5) dt.18-06-2018 3/3 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.

(Sanjay Priya, J) JA/- Rohit Kr.

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