Satyabrata Mishra @ Chunnu Jha @ Satyabrat Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2017 of 2025 Arising Out of PS. Case No.-681 Year-2024 Thana- SAHARSA SADAR District- Saharsa ====================================================== Satyabrata Mishra @ Chunnu Jha @ Satyabrat Jha S/O Baidyanath Mishra R/O Vill.- Chainpur Ward no. 5, P.S.- Bangaon, Dist.- Saharsa. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Vaishnavi Singh, Advocate For the Opposite Party/s :
Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 24-04-2025
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Saharsa Sadar P.S. Case no.681 of 2024 registered under sections 8, 20(b)(ii)(B) of the N.D.P.S. Act.
3. As per the prosecution case, a secret information having been received that one Sanjit Kumar involved in the business of liquor in an auto garage situated in the house of the one Raj Kishore Yadav, the police party conducted raid and 5.950 kgs of ganja was recovered from the said auto garage and also apprehended the accused Sanjit Kumar on the spot who disclosed that he was engaged in the sale of ganja alongwith the owner of the house, Raj Kishore Yadav. Hence, the FIR was
Patna High Court CR. MISC. No.2017 of 2025(3) dt.24-04-2025 2/3 lodged against two persons Sanjit Kumar and Raj Kishore Yadav.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No recovery has been made from physical or conscious possession of the petitioner and the recovery has been shown from an auto garage which belonged to the apprehended person who is a tenant of Raj Kishore Yadav and not the petitioner herein. The name of the petitioner has transpired in the case at a belated stage of investigation only for the reason that he also happens to be the tenant of the said Raj Kishore who runs auto spare parts shop. Further, the petitioner's name finds no mention in the statement of the apprehended accused. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State.
6. Considering the entire facts of the case, it is directed that the petitioner, above named having no criminal antecedent in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Saharsa Sadar P.S. Case no.681 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees
Patna High Court CR. MISC. No.2017 of 2025(3) dt.24-04-2025 3/3 Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Principal Sessions Judge-cum-Special Judge, NDPS Act, Saharsa, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.
(Soni Shrivastava, J) Harsh/- U T