Siyaram Singh @ Siyaram Sharma And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49252 of 2018 Arising Out of PS. Case No.-250 Year-2015 Thana- PALIGANJ District- Patna ======================================================

1. Siyaram Singh @ Siyaram Sharma,

2. Lalan Singh,

3. Prem Singh, all are S/o Prasidh Singh,

4. Ram Vinay Singh, S/o Babu Singh, All, R/o Village- Akbarpur, P.S. Paliganj, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar, Advocate For the Opposite Party/s :

Mr. Chaubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-09-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 20(b)(i)/22 of the Narcotic Drugs and Psychotropic Substance Act, 19. According to the FIR, few green plants of opium were found in the courtyard of different persons including the petitioners.

Submission is that there is serious infirmity in search and seizure in as much as the seizure was made from different houses and a common seizure list was prepared. Moreover, for forensic examination of seized contraband single sample has

Patna High Court Cr.Misc. No.49252 of 2018(2) dt.24-09-2018 2/2 been transmitted. Petitioners have got no criminal antecedent. Considering substance in the submission, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Special (N.D.P.S.) Case No. 47 of 2015 arising out of Paliganj P.S. Case No. 250 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) khushbu/- U T