Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15956 of 2023 Arising Out of PS. Case No.-395 Year-2021 Thana- GARDANIBAG District- Patna ====================================================== SONU KUMAR Son of Arun Ray Resident of Village - Dhiruchak, Anisabad, P.S.- Gardanibagh, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudish Kumar For the Opposite Party/s:

Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-06-2023 Heard the parties.

The petitioner apprehends his arrest in connection with Gardanibagh P.S. Case No.395 of 2021, registered for the offence punishable under Sections 413, 414, 120(B), 419, 467, 468, 471, 34 of the Indian Penal Code and 20(ii), 22(ii), 27 of the N.D.P.S. Act.

Allegedly, police recovered 6.58 milligram brown sugar along with paper and 1.25 kg of ganja, 34 mobile phones and other items from the spot. Two persons were apprehended on the spot and they disclosed the name of the petitioner. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation lev-

Patna High Court CR. MISC. No.15956 of 2023(3) dt.26-06-2023 2/2 elled against the petitioner is not specific rather general and omnibus in nature. There is no recovery from the possession of the petitioner or from the house of the petitioner. The petitioner is not named in the FIR, he has been made accused in the present case on the basis of confessional statement of the apprehended co-accused persons. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail. Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. Accordingly, this application stands dismissed. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below shall pass the order on the same day, in accordance with law.

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