IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.2040 of 2009 NEERAJ KUMAR, Son of Devnandan Mahto, Resident of Chorniya, P.S.- Mahanpur, District-Gaya. . . . . . . Petitioner. Versus STATE OF BIHAR ----------- 4/ 03.07.2009 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under Sections 20(b)(ii) of the N.D.P.S. Act as it appears from the First Information Report that he was also traveling in same train compartment from which the psychotropic substance ‘Ganja’ was recovered. It is submitted on behalf of the petitioner that prosecution story as stated in the First Information Report is absolutely false, as the police party had entered in the compartment from both sides and there was no occasion for any of the passengers in the compartment to escape. With reference to aforesaid circumstance, it is submitted that the allegation is absolutely false and has been levelled by the co- accused Upendra Kumar against whom petitioner had filed informatory petition no.399 of 2008 before the S.D.M. Sherghati as they were on inimical terms and Upendra Kumar was likely to implicate the petitioner when he himself is caught conducting nefarious activity. Let the petitioner surrender in the court below within four weeks from today and if the court below is satisfied about the genuineness of the informatory petition no. 399 of 2008, petitioner be admitted to the privilege of bail on furnishing bail bond of Rs. 5,000/- (Rs. Five thousand) with two sureties of the like amount each to the - 2 - satisfaction of Sessions Judge, Gaya in connection with Gaya Rail Police Case No. 94 of 2008, as it is said that his antecedent is absolutely clean. Until such verification of genuineness of the informatory petition no. 399 of 2008(Annexure-2), no coercive steps be taken. Uday/ (V. N. Sinha, J.)