Ajay Yadav @ Ajay Pd. Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44479 of 2017 Arising Out of PS.Case No. -13 Year- 2017 Thana -SITAMARHI GRP CASE DistrictSITAMARHI ====================================================== Ajay Yadav @ Ajay Pd. Yadav, S/o Binda Rai, Resident of VillageAgarwa, P.S.- Jitna, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinesh Jha, Adv. For the Opposite Party/s : Mr. Shyam Kumar Singh, APP ======================================================

CORAM:

HONOURABLE MR.

JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-12-2017 Heard the parties.

This application, for grant of anticipatory bail, arises out of Rail Darbhanga (Sitamarhi) P.S. Case No. 13 of 2017, disclosing offences under Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

From the possession of co-accused, namely, Manish Kumar, the raiding party recovered 1200 grams of Ganja. It is alleged that said Manish Kumar disclosed to the members of the Seema Shastra Bal (SSB) that he had purchased Ganja from this petitioner and another coaccused, namely, Bhajju Sah. Learned counsel for the petitioner has

Patna High Court Cr.Misc. No.44479 of 2017 (3) dt.20-12-2017 2/3 submitted that it is evident from the First Information Report that nothing was recovered from the possession of the petitioner and he has been implicated in this case merely on the basis of so-called statement of co-accused, Manish Kumar. He has also submitted that said Manish Kumar did not disclose in the First Information Report, the amount of Ganja, which he is said to have allegedly purchased from the petitioner and the other co-accused. Considering the submission, as above, and the fact that petitioner has no criminal antecedent, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.

10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-Cum-Special Judge, Sitamarhi, in connection with Rail Darbhanga (Sitamarhi) P.S. Case No. 13 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself/herself before the police/Court, as the case may be, as and when required and in the event of failure on his/her part to appear

Patna High Court Cr.Misc. No.44479 of 2017 (3) dt.20-12-2017 3/3 before the Court on two consecutive occasions, his/her bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Praveen-II/- U T