Petitioner challenged potential arrest in an NDPS case. Court allowed surrender within six weeks for bail on bond and sureties, pending further hearing.
Bail allowed upon surrender within six weeks on furnishing bail bond of Rs.5,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.49469 of 2015
Arising Out of PS.Case No. -63 Year- 2012 Thana -BARACHATTI District- GAYA
====================================================== 1. Kailu Paswan Son of Mahabir Paswan. 2. Jagdish Paswan son of Deoki Paswan. 3. Kuleshwar Paswan son of Deoki Paswan All are Resident of Village – Salaiya P.s Mohanpur District Gaya. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhirendra Kumar For the Opposite Party/s : Mr. Khurshid Anwar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER
3 16-12-2015 Petitioners apprehend their arrest in a case under sections 15, 18 of N.D.P.S. Act.
The petitioners submit that they are neither the owners of the land on which Posta plants were cultivated nor had they cultivated the said plants. Further, the Superintendent of Police has found the allegation to be incorrect against some of the accused persons. Petitioners further submit that some of the co-accused who were roped in similar case bearing Barachatti (Mohanpur) Police Station case no. 64 of 2012 have already been allowed anticipatory bail vide orders dated 26.8.2015, passed in Cr. Misc.Nos. 34042, 43046 & 28554 of 2014.
In the facts and circumstances of the case, if the
petitioners as mentioned above surrender and pray for regular
Patna High Court Cr.Misc. No.49469 of 2015 (3) dt.16-12-2015
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bail within six weeks from today and if their cases are similar to be that of Cr. Misc.Nos. 34042, 43046 & 28554 of 2014, then only they would be released on bail on furnishing bail bond of Rs.5,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Gaya in Barachatti Police station Case No. 63 of 2012, otherwise bail petition would be disposed of on its own merit without merit.
(Samarendra Pratap Singh, J)
Shashi. U T
2 issues framed by the court
Whether the petitioner should be granted bail considering their apprehension of arrest under the NDPS Act.
Whether the petitioner can surrender and be released on bail within six weeks.
1 provisions across 1 enactments
Kailu Paswan and others
The State of Bihar
Samarendra Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
