Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12461 of 2025 Arising Out of PS. Case No.-522 Year-2024 Thana- JAHANABAD District- Jehanabad ====================================================== Sanjay Kumar Son of Ramnath Prasad Resident of Village - Shivajee Path, Panchmohalla, P.S. -Jehanabad, DIstt.- Jehanabad, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar, Advocate Mr. Tahsin Nayyar Siddique, Advocate For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-02-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Jehanabad P.S. Case No. 522 of 2024 instituted for the offence under Sections 20(b) (ii) (B) of the N.D.P.S. Act.

3. The case of the prosecution is that from the possession of co-accused Chandan Kumar, 100 grams of smack like narcotics substance was recovered. After interrogation, he disclosed that this petitioner along with two other persons managed to escape from there.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.12461 of 2025(2) dt.21-02-2025 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. Nothing incriminating article has been recovered from the conscious possession of the petitioner and he has no concern with the alleged recovery of smack. It is further submitted that the name of the petitioner has surfaced on the basis of the confessional statement of co-accused persons, namely, Chandan Kumar and Sonu Kumar. Further submission is that similarly situated co-accused has since been extended the privilege of bail vide order dated 22.11.2024 passed in Cr. Misc. No. 79453 of 2024.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Jehanabad P.S. Case No. 522 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Principal District and Sessions Judge, Jehanabad subject to the

Patna High Court CR. MISC. No.12461 of 2025(2) dt.21-02-2025 3/3 conditions as laid down under section 438(2) of the Cr.P.C and a condition that the petitioner will not indulge in similar nature of case in future.

(Ashok Kumar Pandey, J) Jagdish/- U T