Ram Kailash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57528 of 2021 Arising Out of PS. Case No.-238 Year-2021 Thana- DUMRA District- Sitamarhi ====================================================== Ram Kailash Singh, age 55 yars, Gender-Male, Son Of Devendra Thakur, R/O Village- Shiv Nagar, P.S.- Riga, District- Sitamarhi. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Virendra Kumar, Advocate For the Opposite Party :

Mr. Shailendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of eight weeks.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Dumra P.S. Case No. 238 of 2021 for the offence registered under Sections 188 of the I.P.C., 52 of the Prisoners Act and 20(b)(ii)(A) of the N.D.P.S. Act.

The prosecution story, in brief, is that on 01.07.2021 at 9.00 A.M., Ram Kailash Singh (petitioner), Ex-Army Warden, in course of discharging his duty at Gumati No. 3, dropped the prohibited materials like 09 Puriya Shikhar Gutkha, 2 gms.

Patna High Court CR. MISC. No.57528 of 2021(2) dt.21-12-2021 2/3 Ganja and 02 Puriya Tobacco wrapped in a black polythene inside the jail.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. It is alleged that 09 Puriya Shikhar Guthka, 02 gms Ganja and 02 Puriya Tobacco which were prohibited, dropped inside the jail by the petitioner. The recovered contraband Ganja is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. 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.

Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Sitamarhi, in connection with Dumra

Patna High Court CR. MISC. No.57528 of 2021(2) dt.21-12-2021 3/3 P.S. Case No. 238 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T