Sanjay Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3289 of 2017 Arising Out of PS.Case No. -254 Year- 2016 Thana -NOKHA District- SASARAM (ROHTAS) ====================================================== Sanjay Bharti, Son of Bharev Bharti, Resident of Village- Mohapur, Police Station- Nokha, District- Rohtas.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Dhaneshwar Prasad Gupta, Advocate Mr. Om Prakash, Advocate For the Opposite Party : Mr. Surendra Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-02-2017 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in Nokha P.S. Case No. 254 of 2016 instituted for the offence under Sections 8(C), 20 (B), 22, 27(A) and 29 of the N.D.P.S. Act. The informant has alleged in the written report that he received confidential information that Ganja has been kept in the house of Manki Kunwar and Sanjay Bharti used to deal in the business of ganja. The police on the said information went to the house of late Dhananjay Singh, where woman was standing who tried to run away on seeing the police party. She was apprehended and disclosed her name as Manki Kunwar. The police made search of her house and recovered 124 kg. Ganja. She told that Sanjay

Patna High Court Cr.Misc. No.3289 of 2017 (3) dt.21-02-2017 2/2 Bharti used to deal with the business of Ganja and she has kept the ganja on his advice for money.

The learned A.P.P. has submitted that in para-12 of the case diary witnesses have stated that the seized ganja belongs to this petitioner. It further appears from para-3 of the case diary that the petitioner has been accused in several other cases under sections 22, 27 (A), 29 of the NDPS Act.

In such circumstances, this court is not inclined to grant the petitioner anticipatory bail.

Accordingly, this anticipatory bail petition is hereby rejected. The petitioner is directed to surrender before the court below within four weeks from today and seek regular bail which shall be disposed of by the court below in accordance with law without being prejudiced by this order.

(Sanjay Priya, J.) ravi/- U T