Uday Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71890 of 2018 Arising Out of PS. Case No.-288 Year-2017 Thana- GOVT. OFFICIAL COMPLAINT CASE District- Sheikhpura ====================================================== Uday Singh, Son of Brij Nandan Singh, Resident of Village-Khalilchak, Police Station-Barbigha, District-Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar For the Opposite Party/s :

Mr. S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 30(b) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that five trees of ganja is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and there is no allegation of tampering of witnesses alleged against the petitioner. The name of the petitioner has transpired as the open field in question belonging to the joint family of the petitioner. Except for this, there is no other substantive evidence to suggest

Patna High Court Cr.Misc. No.71890 of 2018(3) dt.12-12-2018 2/2 the implication of the petitioner in this case. It is alleged that five trees of ganja is recovered from the open field in question. Recovery of ganja in question is not from the conscious possession of the petitioner. The petitioner had no knowledge regarding the same.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional District and Sessions Judge, Sheikhpura in connection with Excise case No.288 of 2017 arising out of Excise case No.164C2 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T