Chhotu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11417 of 2023 Arising Out of PS. Case No.-878 Year-2021 Thana- ARA NAGAR District- Bhojpur ====================================================== CHHOTU SINGH Son of Veera Singh Resident of Village- Neknam Tola, P.S.- Barahara, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiv Prasad Gupta, Adv.

For the Opposite Party/s :

Mr.Anita Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 21(b), 27, 29 of the N.D.P.S. Act.

Allegedly 2.45 gram, mobile phone and some cash have been recovered from the conscious possession of co-accused Randhir Kumar whereas 1.09 gram Heroine has been recovered from the conscious possession of co-accused Ajay Chaudhary. They disclosed the name of the petitioner that he is also involved in the business of the narcotic substance. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation

Patna High Court CR. MISC. No.11417 of 2023(2) dt.11-05-2023 2/2 levelled against the petitioner is not specific rather general and omnibus in nature. The seized narcotic substance has not been recovered from the conscious possession of the petitioner. Similarly situated co-accused has been enlarged on bail by a co-ordinate bench of this court vide order dated 12.09.2022 passed in Cr. Misc. No. 23913 of 2022. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations levelled against the petitioner is serious in nature, hence he does not deserve anticipatory bail.

Considering the facts and circumstances of case as well as the nature of the offence, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected. However, if the petitioner surrenders before the learned Court below within six weeks from today and seeks regular bail, the learned Court below shall pass order in accordance with law without being prejudiced by this order on the very date of surrender.

(Anjani Kumar Sharan, J) divyanshi/- U T