Mantu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11058 of 2018 Arising Out of PS. Case No.-198 Year-2017 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Mantu Singh S/o Butan Singh, R/o Village- Masarh, P.S.- Udwant Nagar (Gajrajganj), District- Bhojpur ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Anil Kumar Singh, Adv.
For the Opposite Party :
Mr. Shyam Bihari Singh, APP 173 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-03-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in connection with N.D.P.S. Case No. 26 of 2017 (arising out of Udwant Nagar (Gajrajganj) P.S. Case No. 198 of 2017 instituted for the offence under Sections 20 and 22 of the Narcotic Drugs and Psychotropic substances Act.
The learned counsel for the petitioner submitted that there is no recovery of ganja from the possession of this petitioner. He was not present on the spot. His name has been disclosed by three persons who were apprehended by the police with ganja. In the written report it is mentioned that the apprehended persons were taking ganja to the house of Mukesh Singh whereas Mukesh Singh has been granted anticipatory bail by a coordinate Bench of this Court in Cr. Misc. No. 48371 of 2017 by order, dated 05.01.2018.
In the facts and circumstances of the case, prayer
Patna High Court Cr.Misc. No.11058 of 2018(2) dt.07-03-2018 2/2 of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with N.D.P.S. Case No. 26 of 2017 (arising out of Udwant Nagar (Gajrajganj) P.S. Case No. 198 of 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 Sessions Judge, Bhojpur at Ara, subject to the conditions as laid down under Section 438(2) 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers 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) Shamshad/- U T