Bimal Soy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65376 of 2019 Arising Out of PS. Case No.-551 Year-2019 Thana- BUXAR District- Buxar ====================================================== BIMAL SOY, Son of Late Joseph Soy, Head Warden, Central Jail, Buxar, At R/O- Kalayanpur, P.S. and District- Chaiwasa, Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiv Ranjan Kr. Pandey For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-11-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Buxar (Town) Police Station Case No. 551 of 2019, disclosing offences under Sections 202, 168, 166-A of the Indian Penal Code and Section 18 (A) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The allegation against the petitioner is that he, being the Head Warden, was found keeping 05 gms. of Ganja and a mobile charger at the time of checking by the jail staffs near the gate of the Central Jail, Buxar.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case due to the fact that he had some dispute with the jail staffs. He further submits that Ganja, which has allegedly been recovered from

Patna High Court CR. MISC. No.65376 of 2019(2) dt.06-11-2019 2/2 the possession of the petitioner, is of very small quantity and is not commercial quantity. He further submits that the petitioner is a Government servant and there is no possibility that he will tamper with the evidence and/or will abscond. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner is a Government servant and a very small quantity of Ganja has allegedly been recovered from the possession of the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, Bimal Soy, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, NDPS, Buxar, in connection with Buxar (Town) Police Station Case No. 551 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √