Anil Rawani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21059 of 2021 Arising Out of PS. Case No.-564 Year-2019 Thana- GAYA KOTWALI District- Gaya ====================================================== Anil Rawani S/o Late Gopal Rawani @ Gopal Prasad R/o Mohalla- Ganga Mahal, Tutwari, P.S.- Kotwali, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-01-2022 Heard learned counsel for the petitioner and Shri Dinesh Singh, learned A.P.P. for the State through virtual court proceedings.

The petitioner seeks bail in connection with N.D.P.S. Case No. 75 of 2019 arising out of Kotwali P.S. Case No. 564 of 2019 instituted for the offences under Sections 8, 20(B) (II) (C) and Section 24 of the N.D.P.S. Act, 1985.

Learned counsel for the petitioner submits that the petitioner is in custody since 08.12.2019 and charge-sheet has been submitted in the case.

Learned counsel for the petitioner submits that allegation is of recovery of one kilogram of charas along with motorcycle and Samsung mobile and petitioner disclosed that charas was brought from Nepal and also that he fired near the

Patna High Court CR. MISC. No.21059 of 2021(3) dt.18-01-2022 2/2 travel agency on orders of Ravi Kumar Ranjan and Biru Kumar. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, nothing was recovered from his possession and only to tame the petitioner, on account of his antecedent, the present false case with allegation that he even fired near the travel agency was instituted.

Learned A.P.P. for the State, Shri Dinesh Singh vehemently opposes the prayer for bail of the petitioner and submits that petitioner appears to be a veteran criminal having criminal antecedent of eight cases as mentioned in paragraph '3' of the bail application and the recovery is of charas which is of commercial quantity, as such the petitioner does not deserve to be enlarged on bail.

Considering the fact that allegation is of recovery of one kilogram of charas which is of commercial quantity, as such the Court, for the present, is not inclined to grant bail to the petitioner. His prayer for bail is thus refused. (Satyavrat Verma, J) Rishi/- U T