IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41629 of 2009 SHANKER MAHTO @ SHEO SHANKAR MAHTO, Son of Late Raj Kishore Mahto, resident of Village- Shahbajpur, P.S. Ahiyapur, District-Muzaffarpur...........................................................Petitioner. Versus THE STATE OF BIHAR.............................................Opposite Party. ----------- 2. 13.01.2010. Heard learned counsel for the petitioner and counsel appearing on behalf of the State. Petitioner is apprehending his arrest in a case under Section 20 of the N.D.P.S. Act. His prayer for anticipatory bail was earlier rejected by this Court on 06.10.2009 passed in Cr. Misc. No. 22155 of 2009. Learned counsel for the petitioner submits that the petitioner has been made accused in this case because of one Bindeshwar Mahto. The petitioner has dispute with respect to a piece of land appertaining to Khata No. 197, Kheshra Nos. 797 and 799 measuring 4 decimals with the said Bindeshwar Mahto. Thus, the petitioner had filed an application before the Officer-in-charge, Ahiyapur Police Station, District-Muzaffarpur on 31.01.2008 expressing his apprehension that he would be made accused in a case at the instance of the said Bindeshwar Mahto. On 05.04.2009 the informant, who is also from Ahiyapur Police Station, raided the house of the petitioner in his absence and is said to have seized 49 Purdias which allegedly contained Ganja. It is also submitted that the weight of the seized item is not mentioned in the First Information Report or in the seizure list, and as such, the First Information Report is vague and appears to be 2 sponsored by the enemies of the petitioner. Counsel for the petitioner submits that he was not able to raise these aspects of the matter and bring it to the notice of this Court on the earlier occasion and, therefore, he has filed a second anticipatory bail application. All these facts stated by the petitioner may be a good ground for grant of regular bail, however, this Court is not inclined to grant anticipatory bail to the petitioner. The petitioner may surrender and move for regular bail and the court below will dispose of the regular bail application on the same day taking into the consideration the provisions of Section 20(2)(a) of the N. D. P. S. Act. This application is, accordingly, disposed of with the aforesaid observations. U.K. (Sheema Ali Khan,J)