Kunwarjeet @ Kunwarjeet v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4057 of 2024 Arising Out of PS. Case No.-893 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== Kunwarjeet @ Kunwarjeet S/O Pawan Kumar Verma R/O Village- Pachna Road, Sansar Pokhar, P.S- Kabaiya, Distt.- Lakhisarai. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rabi Bhushan For the Opposite Party/s :

Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Lakhisarai (Kabaiya) P.S. Case No. 893 of 2023 registered for the offences punishable under Sections 8(c), 21(a) of the N.D.P.S. Act.

3. As per the prosecution case, the police apprehended one Rahul Kumar from whom six sachets of brown sugar were recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that no incriminating article has been recovered from his possession rather the only material against the petitioner is that his name was disclosed by co-accused, Rahul Kumar, who was found to

Patna High Court CR. MISC. No.4057 of 2024(5) dt.18-04-2024 2/2 have possessed the brown sugar. He further submits that the police has not taken the weight of the contraband article. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail. He submits, by way of a counter affidavit, that due to negligence of the I.O. weight of the seized contraband article has not been taken.

6. Considering the facts and circumstances of case and the nature of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order, considering the fact that nothing has been recovered from conscious possession of the petitioner and the petitioner has no criminal antecedent.

(Anjani Kumar Sharan, J) anand/- U T