Dinesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12669 of 2018 Arising Out of PS.Case No. -195 Year- 2017 Thana -UDWANTNAGAR District- BHOJPUR ====================================================== Dinesh Singh, aged about 57 Years, S/o Chandradeep Singh, R/o VillageMasad P.S.- Udwantnagar, district- Bhojpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shashi Shekhar Kumar Prasad, Adv. For the Opposite Party/s : Mr. Surendra Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-03-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Udvantnagar P.S. Case No. 195 of 2017 instituted for the offence under Sections 20 and 22 of the NDPS Act.
In the written report it is alleged that 30 Kg. of Ganja was recovered from the house of Bankey Bihari and in front of his house, in a Bolero, 25 kg. Ganja was also recovered kept in a plastic bag. Bankey Bihar Singh stated before the police that he purchased alleged Ganja from Rakesh Singh and was to be sold to this petitioner and other accused persons as named in the written report.
Learned counsel for the petitioner has submitted that name of this petitioner has come in the statement of Bankey Bihari
Patna High Court Cr.Misc. No.12669 of 2018 (3) dt.08-03-2018 2/3 Singh from whose house the alleged Ganja has been recovered. It has further been submitted that co-accused Rakesh Singh has already been granted anticipatory bail by this Court vide order dated 28.11.2017 passed in Cr. Misc. 52843 of 2017. The other co-accused persons also have been granted anticipatory bail by different coordinate Benches of this Court vide orders dated 21.02.2018, 20.02.2018 and 05.02.2018 passed in Cr. Misc. 8261 of 2018, 7187 of 2018 and 3991 of 2018 respectively. From the written report itself it appears that there is no recovery from possession of this petitioner. It is mentioned in paragraph-3 of the bail petition that petitioner has no criminal antecedent.
Considering the facts and circumstances of the case, 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 Udvantnagar P.S. Case No. 195 of 2017 corresponding to NDPS Case No. 25 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 learned Sessions Judge, Bhojpur, Ara, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having
Patna High Court Cr.Misc. No.12669 of 2018 (3) dt.08-03-2018 3/3 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) S.Ali/- U T