Vicky Kumar @ Vicky Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16206 of 2022 Arising Out of PS. Case No.-309 Year-2021 Thana- BARH District- Patna ====================================================== VICKY KUMAR @ VICKY YADAV Son of Rameshwar Yadav @ Rukhi Yadav Resident of Village - Burhanpur, P.S. - Barh, District - Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tej Narayan Singh For the Opposite Party/s :
Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 8/20(ii)(b), 27A, 25 and 29 of the N.D.P.S. Act.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that there is no recovery from the conscious possession of the petitioner. He further submits that
Patna High Court CR. MISC. No.16206 of 2022(2) dt.15-11-2022 2/2 police has recovered 1.4kg of Ganja from a Bathan which is not belongs to the petitioner. He further submits that petitioner has no criminal antecedent as stated 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 are serious in nature, hence he does not deserve anticipatory bail.
Considering the facts and circumstances of the case and the fact that the offence is under N.D.P.S. Act, I am not inclined the enlarge the petitioner on bail in connection with Barh P.S. Case No.309 of 2021. Accordingly, his prayer for anticipatory bail is hereby rejected.
(Anjani Kumar Sharan, J) ajay/- U T