Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20992 of 2024 Arising Out of PS. Case No.-249 Year-2023 Thana- DELHA District- Gaya ====================================================== Sonu Kumar Son Of Birendra Paswan @ Virendra Paswan Resident Of Chhotaki Nawadah, P.S.- Delha, District - Gaya, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priyadarshi Pankaj Raj Anand, Advocate For the State :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-04-2024 Heard Mr. Priyadarshi Pankaj Raj Anand, learned counsel for the petitioner and Mr. Nirmal Kumar Sinha, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Delha P.S. Case No. 249 of 2023, F.I.R. dated 05.10.2023 for the offences punishable under Sections 8(c), 21(a) and 29 of the N.D.P.S. Act.

3. According to prosecution case, 10 packets of smack total weighing 2.100 gram was recovered.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that petitioner has been made accused merely on the basis of the confessional statement of the co-accused person, namely, Birendra Paswan, who happens to be the father of the petitioner and he stated in

Patna High Court CR. MISC. No.20992 of 2024(2) dt.04-04-2024 2/2 his confessional statement that the petitioner was also involved in the present case. Learned counsel for the petitioner submits that the recovery is not a commercial quantity, therefore, the petitioner may be given the privilege of anticipatory bail.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that recovery of contraband is in possession of the coaccused person and he confessed that petitioner was also involved in the present case, the co-accused is father of the petitioner.

6. Considering the aforesaid facts and circumstances and the fact that although the recovery of contraband is less than the commercial quantity but the father of the petitioner has confessed the involvement of the petitioner in the present case, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Delha P.S. Case No. 249 of 2023 pending in the court of District and Sessions Judge, Gaya.

7. Prayer is refused.

(Rajesh Kumar Verma, J) ajay/- U T