Patna High CourtCR. MISC./18757/2024bail rejected

Sujeet Kumar @ Mangroo Singh v. The State Of Bihar

2024-04-26Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18757 of 2024 Arising Out of PS. Case No.-171 Year-2021 Thana- DIDARGANJ District- Patna ====================================================== SUJEET KUMAR @ MANGROO SINGH Son of Raj Ballabh Singh Resident of Village-Raybag Kachhidargah, Police Station-Didarganj, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Mishra, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-04-2024 Heard Mr. Ashok Mishra, learned counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Special Case No. 95 of 2021 arising out of Didarganj Police Station Case No. 171 of 2021 for the offence under Sections 8(c)/20B/29 of the NDPS lodged on 07.08.2021 by the informant, Ganesh Rai.

3. The prosecution case in brief is that upon secret information, the informant along with raiding party raided the house of the informant. The house was closed and no family member was present. The house of the petitioner was searched and from different portion of the house, total 49.42 kg of 'Ganja' was seized. It is further alleged that Rs. 44,060/- was also recovered from a bag. Accordingly, the FIR.

4. Learned counsel for the petitioner submits that although there is recovery of 49.42 kg of 'ganja' like substance,

Patna High Court CR. MISC. No.18757 of 2024(3) dt.26-04-2024 2/2 the said recovery is from the house where no family member was present and it can be safely construed that the police planted the said materials to implicated the entire family members. He further submits that one Shambhu Singh has been granted bail in Cr. Misc. No. 31444 of 2023 on 07.07.2023 (Annexure-P/2 to the petition)

5. Learned APP submits that the order refer to by learned counsel for the petitioner is relating to bail while this petitioner has evaded arrest for last three years inasmuch as the case is of the year 2021.

6. Taking into account that the petitioner has delayed coming to the Court and even now, instead of surrendering, despite his name in the FIR is seeking anticipatory bail, this Court is not inclined to grant relief to the petitioner.

7. Accordingly, Cr. Misc. No. 18757 of 2024 stands rejected.

(Rajiv Roy, J) Adnan/- U T