Rakesh Kumar Singh @ Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45561 of 2016 Arising Out of PS.Case No. -339 Year- 2014 Thana -UDWANTNAGAR District- BHOJPUR ====================================================== Rakesh Kumar Singh @ Prince Kumar, son of Jai Kumar Singh resident of Village- Masarh, Police Station- Udwant Nagar, District- Bhojpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Sri Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 16-12-2016 Heard Sri Y.C.Verma, learned Senior Counsel, assisted by Sri Anil Kumar Singh, and Sri Yogendra Kumar, learned Addl. Public Prosecutor.

The sole petitioner, who is in custody only since 1st February,2016, has prayed for grant of bail in Udwant Nagar P.S. Case No.339 of 2014 correspondending to N.D. P.S. Case No.10 of 2014 registered for the offence under Sections 20,22 of N.D.P.S. Act.

It was submitted by learned Senior Counsel appearing on behalf of the petitioner that on examination of the F.I.R. it is evident that the police had got information that father of the petitioner, namely, Jai Kumar Singh @ Jayak Singh was involved in sale and purchase of Ganja and, thereafter, a raid was

Patna High Court Cr.Misc. No.45561 of 2016 (2) dt.16-12-2016 2/2 conducted and the petitioner was not apprehended on the spot. It has been argued that the petitioner has been made accused only on the ground that his father was involved in trafficking of ganja. It has also been argued that in the seizure list, there is no signature of any of the family members. It has also been argued that the petitioner is a student and his whole career would be ruined. However, besides hearing learned counsel for the parties, I have also perused the materials available on record, particularly the F.I.R..On going through the same, it is evident that about 92 Kg of Ganja was recovered from the house. It is true that the house was in the joint possession, but while raiding party arrived, two accused persons were noticed fleeing away.

The mother and sister of the petitioner had categorically disclosed that the persons, who had fled away, were none else but the petitioner and his father. It was also disclosed that the family of the petitioner was being run on the basis of sale of Ganja. Considering the quantity of recovered Ganja, there is no reason to extend the privilege of bail. The petition stands dismissed.

(Rakesh Kumar, J) NKS/- U T