IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24807 of 2009 SHANKAR RAI @ RAM SHANKAR ROY Versus THE STATE OF BIHAR ----------- 2/ 16/10/2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends arrest in a police case under Sections- 20A and 25 of the N.D.P.S. Act registered as far back as 1995. Learned counsel for the petitioner submits that he is not the owner of the lands on which the Ganza plants were found. In fact, since prior to the alleged date of occurrence he is residing in Shilong for purposes of his vocation. He has placed on record certain money receipts issued by the municipal authorities at Shilong in context of his kiosk. Learned counsel for the State submits that the petitioner has been declared an absconder as far back as 4.6.2003 and, therefore, does not merit anticipatory bail. In the facts and circumstances of the case let the petitioner above named surrender before the court below within six weeks when he shall be enlarged on provisional anticipatory bail for six months upon furnishing the bail-bonds of Rs.20,000/- (twenty 2 thousand) along with two sureties of the like amount each to the satisfaction of 4th Addl. Sessions Judge,- cum- Special Judge, Vaishali at Hajipur in C IIA Case No.4/95, subject to the conditions laid down under Section-438(2) Cr.P.C. The court below shall adequately enquire into the investigation done by the police on his plea of alibi, more particularly with regard to the defence as noticed above. Only thereafter the court below in its wisdom may either confirm his provisional bail or reject it. In the latter event, the petitioner shall be required to surrender and seek regular bail thereafter. KC ( Navin Sinha, J.)