Satyendra Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17867 of 2018 Arising Out of PS.Case No. -391 Year- 2017 Thana -SHIVSAGAR District- SASARAM (ROHTAS) ======================================================
1. Satyendra Sharma, son of Sudama Sharma, resident of villageAlampur, Police Station - Sheosagar (Baddi), District - Rohtas at Sasaram.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party/s : Smt. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Sheosagar (Baddi) P.S. Case No.391 of 2017 instituted for the offence under Section(s) 8(c), 20(B), 22, 27-A of the NDPS Act. It is alleged in the written report that on secret information that Vipin Bihari Singh is indulged in sale-purchase of Ganja, the police party reached the house of Vipin Bihari Singh and recovered 5 Kg. Ganja from his house. He disclosed that aforesaid Ganja was given to him by Mantu Kumar Singh. Thereafter, police apprehended Mantu Kumar Singh, who disclosed the name of this petitioner. It is further alleged in the
Patna High Court Cr.Misc. No.17867 of 2018 (3) dt.26-04-2018 2/3 written report that police recovered 5 Kg. Ganja from Maruti vehicle and arrested three persons, namely, Sandesh Kumar Singh, Pintu Kumar Singh and Mantu Kumar Singh. In such circumstances, there is no recovery of any incriminating article from the possession of this petitioner. It is mentioned in para 3 that the petitioner has clean 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 Sheosagar (Baddi) P.S. Case No.391 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, Rohtas at Sasaram, 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 with the evidence or the
Patna High Court Cr.Misc. No.17867 of 2018 (3) dt.26-04-2018 3/3 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/- U T