Jai Govind Ram vs The State Of Bihar
2021 Latest Caselaw 1202 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.31869 of 2020
   Arising Out of PS Case No.-103 Year-2020 Thana- MADANPUR District- Aurangabad
======================================================

Jai Govind Ram, aged about 45 years (Male) Son of Karamu Ram, Resident of Village - Khutidih, PS - Madanpur, District - Aurangabad.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate For the State : Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 02-03-2021

Heard Mr. Bachan Jee Ojha, learned counsel for the

petitioner and Ms. Anita Kumari Singh, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner apprehends arrest in connection with

Madanpur PS Case No. 103 of 2020 dated 05.06.2020, instituted

under Sections 8 (b)/20(a)/20(b)/20(c) of the Narcotic Drugs and

Psychotropic Substances Act, 1985.

3. The allegation against the petitioner is that in the open

filed behind his house, five plants of Ganja were found.

4. Learned counsel for the petitioner submitted that in

the same FIR, there is allegation against one Amin Ram that from

behind his house 95 plants of Ganja was recovered and he has Patna High Court CR. MISC. No.31869 of 2020 dt.02-03-2021

been granted anticipatory bail by a co-ordinate Bench by order

dated 20.02.2021 passed in Cr. Misc. No. 32101 of 2020. It was

submitted that the petitioner has one other criminal antecedent but

for a case relating to a fight, that too, of the year 2014, in which he

is on bail.

5. Learned APP submitted that there is recovery of

Ganja Plant but did not controvert the fact that it was from behind

the house of the petitioner.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioner be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with

two sureties of the like amount each to the satisfaction of the

learned ADJ 1st -cum- Special-Judge, Aurangabad in Madanpur PS

Case No. 103 of 2020, subject to the conditions laid down in

Section 438(2) of the Code of Criminal Procedure, 1973 and

further, (i) that one of the bailors shall be a close relative of the

petitioner, (ii) that the petitioner and the bailors shall execute bond

with regard to good behaviour of the petitioner, and (iii) that the

petitioner shall also give an undertaking to the Court that he shall

not indulge in any illegal/criminal activity, act in violation of any Patna High Court CR. MISC. No.31869 of 2020 dt.02-03-2021

law/statutory provisions, tamper with the evidence or influence the

witnesses. Any violation of the terms and conditions of the bonds

or the undertaking shall lead to cancellation of his bail bonds. The

petitioner shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being absent

on two consecutive dates, without sufficient cause, shall also lead

to cancellation of his bail bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

Anand Kr.

AFR/NAFR U T