Brajesh Singh @ Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48357 of 2018 Arising Out of PS. Case No.-158 Year-2017 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Brajesh Singh @ Mukhiya, Son of Late Kuldeep Singh, resident of VillageMasad, P.S.- Udvantnagar, District- Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Shashi Shekhar Kumar Prasad For the Opposite Party/s :

Mr. Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-09-2018 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 and 22 of the N.D.P.S. Act. The prosecution case, in short, is that 8 kg ganja is recovered in this case.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. As per the accusation, 8 kg ganja is alleged to have been recovered from the house of the petitioner. The search and seizure was made in his absence. The recovered ganja is below

Patna High Court Cr.Misc. No.48357 of 2018(3) dt.06-09-2018 2/2 the commercial quantity. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. 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 Judge, Bhojpur, Ara in connection with Udvantnagar P.S. Case No. 158/17, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T