Bhola Singh@ Akhilesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51546 of 2023 Arising Out of PS. Case No.-832 Year-2022 Thana- CHAPRA TOWN District- Saran ====================================================== Bhola Singh@ Akhilesh Kumar Singh Son Of Late Prabhansh Singh Resident Of Village- Newaji Tola, PS- Chapra Mufasil , Distt- Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar, Adv.

For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Chapra Town PS Case No. 832 of 2022, dated 13-12-2022, registered for the offence punishable under Sections 8/20(b)(ii)(A) of the Narcotic Drugs & Psychotropic Substances Act ( for brevity 'NDPS Act').

3. Small quantity ( 500 grams) 'Ganja' is said to have been seized from a 'Gumti' belonging to the petitioner and he has fled away.

4. It is submitted by the petitioner's counsel that on statement of local person, the petitioner name has been dragged. The 'Ganja' does not belong to the petitioner and he has no

Patna High Court CR. MISC. No.51546 of 2023(2) dt.23-08-2023 2/3 concern with the alleged recovery. He is also said to be a man of clean antecedents.

5. Learned APP for the State has opposed the prayer for bail.

6. Considering the rival submissions, clean antecedent of the petitioner and the quantum of recovery, this Court, for the limited purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for anticipatory bail is allowed.

7. Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, Saran at Chapra, in connection with Chapra Town PS Case No. 832 of 2022, dated 13-12-2022, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure with following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with

Patna High Court CR. MISC. No.51546 of 2023(2) dt.23-08-2023 3/3 the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T