Brij Kishor Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7187 of 2018 Arising Out of PS.Case No. -195 Year- 2017 Thana -UDWANTNAGAR District- BHOJPUR ====================================================== Brij Kishor Singh, S/o Late Ram Ayodhya Singh, R/o Village- Masarh, P.S.- Udwant nagar, District- Bhojpur, Bihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudha Chandra For the Opposite Party/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-02-2018 Heard learned counsel for the petitioner. No one appears for the State.

The petitioner apprehends his arrest in connection with Udwantnagar (Gajraj Ganj) P.S. Case No.195 of 2017 registered under Sections 20/22 of the N.D.P.S. Act. Learned counsel for the petitioner submits that from the FIR and the seizure list it will appear that the Ganja kept in two bags were recovered from the house and Bolero vehicle of the accused Banke Bihari Singh @ Sonu Singh. In course of investigation, said Banke Bihari Singh @ Sonu Singh alleged that

Patna High Court Cr.Misc. No.7187 of 2018 (2) dt.20-02-2018 he had purchased the Ganja along with his uncle Brij Kishor Singh who is petitioner in the present case. Learned counsel further pointed out that this petitioner was earlier also falsely implicated because of a land dispute and in the said case he was granted anticipatory bail by a coordinate Bench of this Court vide Annexure-1 to the application. It is further pointed out that the other accused whose names transpired on the statement of the said Banke Bihari Singh @ Sonu Singh have been granted privilege of anticipatory bail by a coordinate Bench of this Court in Cr.Misc.No.52843 of 2017 and Cr.Misc.No.3991 of 2018.

Considering the facts and circumstances of the case particularly that as per the seizure list the alleged recovery of Ganja has been made from the house of accused Banke Bihari Singh @ Sonu Singh and this petitioner specifically states that he has no concern with the said house or the Bolero vehicle in question, I am inclined to grant anticipatory bail to the petitioner. In the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail bonds of Rs. 15,000/- (fifteen thousand only) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, Bhojpur, Ara, in connection with N.D.P.S. Case No.

Patna High Court Cr.Misc. No.7187 of 2018 (2) dt.20-02-2018 (Gajraj Ganj) P.S. Case No.195 of 2017, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Rajeev Ranjan Prasad, J) Arvind/- U T