IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51798 of 2008 SHAMBHU RAI Versus THE STATE OF BIHAR ----------- 4/ 06/05/2009 Heard learned counsel for the petitioner and learned counsel for the State of Bihar. The petitioner apprehends arrest in a police case under Sections-22 and 22 of the N.D.P.S. Act. The submission is that as per allegations one Nawal Kishore Rai was apprehended with Ganza and taken into custody. He disclosed that he had purchased Ganza from the petitioner. The police raided the house of the petitioner when one person was seen fleeing away whose identity could not be ascertained. He is alleged to have thrown something behind in route which was found to be 6 k.gs. of Ganza. The petitioner without his identification has been made an accused only because the said unknown person was stated to be seen running away from the house of the petitioner. This Court had called for a report from the Superintendent of Police concerned if Nawal Kishore Rai, son of Kamal Rai was an accused in Gaighat P.S. Case No.190/07. While the F.I.R. alleged that Nawal Kishore Rai was taken into custody, the police report is that there 2 is no case against him. Having considered the facts and circumstances of the case, let the petitioner above named surrender before the court below within four weeks when he shall be enlarged on anticipatory bail upon furnishing the bail- bonds of Rs.10,000/- (ten thousand) along with two sureties of the like amount each to the satisfaction of Sessions Judge (Muzaffarpur) (Sri P.K. Jha) in connection with Gaighat P.S. Case No.190/07 (G.R. No.3342/07) subject to the conditions laid down under Section-438(2) Cr.P.C. KC (Navin Sinha, J.)