Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7900 of 2025 Arising Out of PS. Case No.-885 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== Abhishek Kumar, Male, aged about 18 years, son of Chintu Ray @ Chintoo Kumar Roy, resident of Village- Bariyarpur, P.O and P.S- Kanti, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-02-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Kanti PS Case No.885 of 2022 dated 27.12.2022, instituted under Sections 8/20(b)(ii)(B) of the Narcotics Drugs & Psychotropic Substances Act, and Sections 25(1-b)a, 26, 35 of the Arms Act.

3. The prosecution case, in short, is that the informant, who is the SHO of Kanti PS received information that some notorious criminals have assembled at the residence of Abhishek Kumar (the petitioner) upon which he along with police surrounded the house of the petitioner where five persons were found and in course of search one automatic country made pistol was recovered from the possession of Ritik Mishra and 3 Kg. 600 Gr. Ganja like substance was recovered from a bag being

Patna High Court CR. MISC. No.7900 of 2025(2) dt.07-02-2025 2/2 carried by Gaurav Kumar. Accordingly, seizure list was prepared.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedents.

5. Learned APP has vehemently opposed the prayer for bail. Learned APP submits that contraband Ganja has been recovered from one Gaurav Kumar, who was found in the house of the petitioner. Further one automatic country made pistol has been recovered from the possession of Ritik Mishra, who was also found in the house of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, I am not inclined to extend the privilege of anticipatory bail to the petitioner.

7. Accordingly, prayer of the petitioner for grant of anticipatory bail is rejected.

8. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T