Gulshan Kumar @ Mausham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19659 of 2023 Arising Out of PS. Case No.-31 Year-2021 Thana- BARHIYA District- Lakhisarai ====================================================== Gulshan Kumar @ Mausham Kumar S/O- Chandramauli Kumar VillageJaitpur Ps- Barahiya Dist- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarveshwar Tiwary For the Opposite Party/s :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 8/20(6) (ii)/25/29 of the N.D.P.S. Act.

As per FIR, petitioner along with one Roshan Singh riding on motorcycle and escorting the tractor from which huge amount of cannabis were recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner is neither named in the FIR nor anything has been recovered from his possession or from his house. He submits that one of the villager disclosed the name of the petitioner. He further submits that petitioner has four criminal antecedent as stated in para-3 of this application.

Patna High Court CR. MISC. No.19659 of 2023(3) dt.03-07-2023 2/2 Learned APP for the State opposes the prayer for bail and submits that huge quantity of Ganja has been recovered, therefore, he does not deserve anticipatory bail. Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Barahiya P.S. Case No. 31 of 2021.

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