Ram Babu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4502 of 2024 Arising Out of PS. Case No.-413 Year-2023 Thana- GOVINDGANJ District- East Champaran ====================================================== Ram Babu Sah Son of late Narayan Sah Resident of Village - Ward No. 8, Sareya, Police Station - Govindganj, District - East Champaran, Presently residing at Kurmi Tola, Ward No. 11, Village- Sareya, Police Station- Govind ganj, District- EAst Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :

Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Govindganj P.S. Case No. 413 of 2023, registered for the offences punishable under Sections 20(b)(ii)(b)/23(b)/29 of the N.D.P.S. Act.

3. Learned counsel for the petitioner submits that the petitioner is a person of clean antecedent and one Bindu Devi was arrested with 19kg 700 gm of Ganja from her house, the said Bindu Devi disclosed the name of the petitioner and one Mohan Sah who was involved in the occurrence. It is further submitted that the petitioner is the

Patna High Court CR. MISC. No.4502 of 2024(2) dt.19-02-2024 2/3 father-in-law of Bindu Devi and he came to be implicated in the case for the reason that he is having dispute with his son (Mohan Sah), who is husband of Bindu Devi. It is next submitted that even alleged recovery is less than commercial quantity and the petitioner will not abscond rather will cooperate in the investigation. It is next submitted that the petitioner was not apprehended from the spot and confessional statement in police custody does not have any evidentiary value.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari, where the case is pending/successor court in connection with Govindganj P.S. Case No. 413 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

Patna High Court CR. MISC. No.4502 of 2024(2) dt.19-02-2024 3/3

6. Further it is made clear that in the event, if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioner despite giving assurance to this Court is not cooperating in the investigation, in that event, the learned trial court shall be at liberty to cancel the bail bond of the petitioner.

(Satyavrat Verma, J) aditi/- U T