Thakur Singh Yadav @ Thakur Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47699 of 2022 Arising Out of PS. Case No.-15 Year-2022 Thana- ADHAOURA District- Kaimur (Bhabua) ====================================================== THAKUR SINGH YADAV @ THAKUR YADAV S/O RAMNATH SINGH YADAV Resident of village- Dighar, P.S.- Adhaoura, District- Kaimur (Bhabua).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Kiran Kumari Sharma,Advocate For the Opposite Party/s :

Mr.Syed Mojibur Rahman,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-01-2023 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in connection with Adhaura P.S. Case No. 15 of 2022 for the offence registered under Sections 8 c, 20(b)(ii)(c) and Sections 22, 27(A) of NDPS Act.

As per the prosecution story, the police during patrolling intercepted a motorcycle although the other managed to escape, the person present there was apprehended with 31 kg 'ganja', he was Mr. Vinod Yadav. He gave the name of the present petitioner and in that way, the petitioner also come into picture. The FIR was also lodged against him. Mrs. Kiran Kumari Sharma, learned counsel for the petitioner submits that the petitioner has not been arrested from

Patna High Court CR. MISC. No.47699 of 2022(2) dt.04-01-2023 2/3 the spot nor anything has been recovered from him rather it is Vinod Yadav from whom 31kg 'ganja' were recovered/seized. It is her further submission that on the confessional statement of Vinod Yadav, who had enemity with him, his name has cropped up and only because he has criminal antecedent, he has been implicated in this case. She further submits that the petitioner is ready to co-operate in the investigation.

Learned APP for the State, on the other hand, opposes the prayer for bail.

Taking into account the fact that the petitioner was not the persons for whom the 'ganja' was recovered, his name has come in the confessional statement of accused apprehended, he is ready to co-operate in the investigation and further he will visiting the concerned police station for next six months every fortnight to mark his attendance, this Court is inclined to grant him privilege of anticipatory bail.

Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.D.J.-Special NDPS Kaimar at Bhabhua in connection with Adhaura P.S. Case

Patna High Court CR. MISC. No.47699 of 2022(2) dt.04-01-2023 3/3 No. 15 of 2022 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Jagdish/Neha/- U T