Rajendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43326 of 2018 Arising Out of PS.Case No. -70 Year- 2017 Thana -CHANDMUNDI District- JAMUI ======================================================

1. Rajendra Prasad S/o Madhu Singh, R/o H. No. 132 Kumhar Patti, Mahaitanr, P.S.- Dhansar, District- Dhanbad (Jharkhand). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-08-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Chandramandih P.S. Case No. 70/2017, instituted for the offences punishable under Sections 20 and 22 of the NDPS Act. In the written report, it is alleged that during patrolling duty a Scorpio vehicle was stopped and from which 10kg Ganja was recovered. The driver of the said vehicle along with other co-accused was arrested who disclosed that they were taking Ganja from Dhanbad to Sono for one Karu Gupta. Learned counsel for the petitioner has submitted that the petitioner is the owner of the said vehicle. He has clean antecedent. He has no concern with the aforesaid Ganja, which is

Patna High Court Cr.Misc. No.43326 of 2018 (3) dt.09-08-2018 2/2 alleged to have been recovered from the aforesaid vehicle which was in possession of the driver and one Arun Ramani. Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Chandramandih P.S. Case No. 70/2017, he shall be released on anticipatory 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 ADJ 1st, Jamui, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J.)