Rudra Nand Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17100 of 2016 Arising Out of PS.Case No. -5 Year- 2016 Thana -SIKTI District- ARRARIA ====================================================== Rudra Nand Jha S/o Bhola Jha @ Chandra Kant Jha Resident of Village - Satwar, P.S. Bardaha ( Sikti ), District - Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. N.K.Agrawal, Sr.Advocate. For the Opposite Party/s : Mrs. Gulnar Begum(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 01-08-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in Spl.P.S.Case No.2/16 arising out Sikti (Bardaha) P.S.Case No.5/16 for the offences under Sections 8 ( C)/ 20 (B)/ 22/ 23 and 24 of the N.D.P.S.Act.

The allegation against the petitioner is that 13 Kgs. of ganja was recovered from the house of the petitioner but the petitioner escaped from his house. Seizure was made in presence of the independent witnesses.

Counsel for the petitioner submits that the entire case is a creation and that none of the family members had signed on the seizure list though the same was prepared at the place of

Patna High Court Cr.Misc. No.17100 of 2016 (6) dt.01-08-2016 2/2 occurrence. It is further submitted that the petitioner is 70 years old man and it is a case of false implication. However, considering the fact that one case being Sikti P.S.Case No.62/10 is in the credit of the petitioner which is of similar nature, in which he was extended the privilege of regular bail only, I am not inclined to extend the privilege of anticipatory bail to the petitioner. It is, accordingly, rejected. However, if the petitioner surrenders before the court below within a period of fours weeks from today and pray for regular bail, the same shall be considered on its own merit without being prejudiced by this order (Anjana Mishra, J) AnilKrSinha/- U T