Sadhu Singh @ Awadhesh Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33923 of 2015 Arising Out of PS.Case No. -204 Year- 2010 Thana -BARHARA District- BHOJPUR ====================================================== Sadhu Singh @ Awadhesh Singh, son of Late Gorakh Singh, resident of village- Ekaunaganj, Police Station- Barhara in the district of Bhojpur. .... .... Petitioner

Versus

1. The State of Bihar.

2. The Zonal Director, Narcotic Control Bureau, Bihar, Patna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Sanjay Kumar(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-11-2015 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Barhara P.S. Case No.204 of 2010 registered for the offences punishable under Sections 8/20(b)/22/27 of the Narcotic Drugs and Psychotropic Substance Act. Learned counsel for the petitioner submits that in pursuance of a raid one Tanveer Alam was apprehended from a truck from which huge quantity of Ganja was recovered. It is further submitted that from a Marshal Jeep parked in front of the house of one Chaturbhuj Singh further quantity of 60 kgs. Ganja was recovered and it was alleged that Manoj Singh and Chaturbhuj Singh being the king-pin of smuggling had been

Patna High Court Cr.Misc. No.33923 of 2015 (3) dt.09-11-2015 2/3 engaged in a Ganja business since long. Learned counsel for the petitioner submits that the name of this petitioner has surfaced on the confessional statement of Tanveer Alam who has been apprehended from the truck and in the said statement, it has come that the petitioner was the financer of the business of Ganja smuggling.

It is further submitted that Manoj Singh has been granted the privileged of anticipatory bail by a Bench of this Court. The further submission is that the petitioner is similarly situated and his name has figured in the confessional statement made before the police, which has got no evidentiary value, is entitled to a similar privilege.

Considering the aforementioned facts and circumstances and that one similarly situated person has been extended the privilege of anticipatory bail in Cr. Misc. No.9927 of 2012 vide order dated 7.2.2013, let the petitioner, above named, in the evident of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 2nd Additional Sessions Judge, Bhojpur, Ara in connection with Barhara P.S. Case No.204

Patna High Court Cr.Misc. No.33923 of 2015 (3) dt.09-11-2015 3/3 of 2010, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) N.H./- U T