Patna High CourtCR. MISC./19989/2021disposed

Alok Giri v. The State Of Bihar

2021-08-13Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19989 of 2021 Arising Out of PS. Case No.-234 Year-2020 Thana- PIPRAHI District- Sheohar ====================================================== ALOK GIRI S/O KAILASH GIRI R/O VILLAGE-JAAFARPUR, P.O.- KHAIRWA, P.S. AND DISTRICT-SHEOHAR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y.V. Giri, Sr. Adv.

Mr.Sumit Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-08-2021 Heard Mr. Y.V. Giri, learned senior counsel for the petitioner and Mr. Amitesh Kumar, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Piprahi P.S. Case No. 234 of 2020 instituted for the offences under Sections 20, 22 and 24 of the Narcotic Drugs and Psychotropic Substance Act. 1.5 Kgs of ganja has been recovered from a vehicle which is said to belong to the petitioner. It has been submitted on behalf of the petitioner that the subject F.I.R has been registered on 17.10.2020 but three days prior to the aforesaid case, the petitioner had lodged a case with respect to his motorcycle having been stolen vide Rajepur P.S. Case No. 142 of

Patna High Court CR. MISC. No.19989 of 2021(2) dt.13-08-2021 2/2 2020. Additionally, it has been argued that it has not yet been clarified whether the substance recovered is a narcotic. No forensic examination has been done and it is just the assessment of the arresting officer that ganja has been seized.

Notwithstanding the aforesaid arguments, I am not inclined to grant anticipatory bail to the petitioner. The prayer for anticipatory bail is rejected. Should the petitioner surrender before the court below and seek bail, his application shall be considered on its own merits, keeping into account the afore-noted facts and that the petitioner has clean antecedents and an order shall be passed without being prejudiced by the fact that the present petition on his behalf has not been entertained.

The petition stands disposed.

(Ashutosh Kumar, J) sunilkumar/- U T