Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14989 of 2022 Arising Out of PS. Case No.-8 Year-2021 Thana- GHORASAHAN District- East Champaran ====================================================== KANHAIYA KUMAR Son of Amarjeet Prasad Yadav @ Indrajit Ray @ Inarjit Ray Resident of Village - Regniya, P.S.- Jitna (Ghorasahan), District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-05-2022 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in connection with Ghorasahan P.S. Case No. 08 of 2021 registered for the offence under Sections-20, 22 & 24 of the NDPS Act.

The prosecution case, in short, is that 10.5 kg. Ganja is recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to mistake of fact.

Patna High Court CR. MISC. No.14989 of 2022(2) dt.06-05-2022 2/2 The name of the petitioner has transpired in this case on the basis of disclosure made by co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. It is alleged that 10.5 kg. Ganja is recovered from the co-accused. The recovered Ganja is below the commercial quantity. Hence, section-37 of the NDPS Act is not applicable in the present case. There is no compliance of Sections-42 & 50 of the NDPS Act.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge, Motihari, East Champaran in connection with Ghorasahan P.S. Case No. 08 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T