Rajesh Gupta v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38403 of 2018 Arising Out of PS.Case No. -66 Year- 2018 Thana -KARAHGAR District- SASARAM (ROHTAS) ====================================================== Rajesh Gupta, Son of Kamta Prasad, Resident of Bahera, P.S.- Karhgar, District- Rohtas at Sasaram.

.... .... Petitioner

Versus

1. The State of Bihar.

2. The Union of India .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Pandey For the Opposite Party/s : Mr. Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-07-2018 Heard learned counsel for the petitioner.

Petitioner apprehends his arrest in connection with Karghar P.S.Case No. 66 of 2018 registered for the offences punishable under Sections 20 and 21 of N.D.P.S. Act. Allegation against the petitioner is of recovery of 40.5 kg. of ganja from the field of the petitioner and on raid petitioner fled away.

Submission of learned counsel for the petitioner is that nothing has been recovered from his conscious possession and the field does not belong to him.

Heard learned APP, who has opposed the prayer for anticipatory bail stating that petitioner is named in the FIR and on raid he fled away from the place of occurrence.

Patna High Court Cr.Misc. No.38403 of 2018 (3) dt.04-07-2018 2/2 Having heard both sides and in the facts and circumstances, I am not inclined to grant privilege of anticipatory bail to the petitioner, rather petitioner to surrender and make prayer for regular bail, which shall be considered on its own merit, without being prejudiced by this order.

With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U