Jitendra @ Jitendra Prasad @ Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11167 of 2023 Arising Out of PS. Case No.-401 Year-2022 Thana- RAXAUL District- East Champaran ====================================================== JITENDRA @ JITENDRA PRASAD @ JITENDRA KUMAR Son of Late Raghunath Sah R/v- Birta Tola Ward No. 10, P.S.- Ramgarhwa, Dist- East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-05-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Section 21(b) of the N.D.P.S. Act.

In this case, there is recovery of huge quantity of prohibited drugs i.e. Onrex Syrup, Codiwell Syrup, Wincirex cough Syrup, Dialex DC cough Syrup and packets of Diazepam from the building of the co-accused Rambhorosh Prasad. Petitioner is not named in the F.I.R. Name of the petitioner surfaced during course of investigation. No incriminating article has been recovered from the possession of this petitioner. As per F.I.R. itself, recovery has been effected from the premises of co-accused and petitioner has got no

Patna High Court CR. MISC. No.11167 of 2023(2) dt.16-05-2023 2/2 concern with the recovered items. Petitioner is only alleged to be regular visitor of the building in question. Petitioner has got clean antecedent.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Addl. Session Judge-cum-Spl. Judge, East Champaran at Motihari in connection with NDPS Case No. 72 of 2022, arising out of Raxaul P.S. Case No. 401 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T