Sanjay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80141 of 2018 Arising Out of PS. Case No.-381 Year-2016 Thana- BARH District- Patna ====================================================== Sanjay Kumar Singh Son of Late Ram Ekbal Singh Resident of VillageDharmpur, P.S.- Athmalgola, District- Patna. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar For the Respondent/s :

Mr.Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-01-2019 Heard both sides.

The petitioner apprehends his arrest in Barh P.S. Case No.381 of 2016 registered under Sections 20 and 22 of the N.D.P.S. Act.

The informant, the Superintendent, Sub-Jail, Barh, Patna alleged that the petitioner, Inspector(Armourer), Special Task Force, Bihar Police went to jail to see prisoner, Ketan Singh. The petitioner was carrying a small pocket containing ganja. On search, one small pocket of ganja weighing 3 gms. was recovered.

The learned counsel for the petitioner submits that from perusal of the seizure list, it would appear that small pocket of ganja containing 3 gms. was recovered near the meeting window of the jail. The police after investigation

Patna High Court Cr.Misc. No.80141 of 2018(2) dt.15-01-2019 2/2 submitted final form finding the accusation false against the petitioner but the learned Sessions Judge took cognizance. Considering the fact that seizure list shows that recovery of 3 gms. of ganja was made near the meeting window of the jail and the police after investigation submitted final form finding the accusation false against the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge III-cum-Special Judge, C.B.I.-II, Patna in connection with Barh P.S. Case No.381 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T