Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26142 of 2024 Arising Out of PS. Case No.-451 Year-2023 Thana- DANAPUR District- Patna ====================================================== Chandan Kumar Son Of Baleshwar Rai Resident Of Village- Bhagwatipur, Ps- Bihta, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Kumar, Advocate For the State :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-05-2024 Heard Mr. Yogesh Kumar, learned counsel for the petitioner and Mr. Rajendra Prasad Nat, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Danapur P.S. Case No. 451 of 2023, F.I.R. dated 03.04.2023 for the offences punishable under Sections 20, 21, and 22 of the N.D.P.S Act and under Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. Recovery is of 275 gram of brown sugar and one country made pistol.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that as per the allegation in the F.I.R. altogether 275 gram of brown sugar has been recovered from the room in question. He further submits that nothing has

Patna High Court CR. MISC. No.26142 of 2024(2) dt.06-05-2024 2/2 been recovered from the conscious possession of the petitioner and the petitioner has no concern at all with the alleged recovery of the contraband or the room in question.

5. Learned Additional Public Prosecutor for the State, on the other hand, vehemently opposed the prayer for anticipatory bail of the petitioner and submits that altogether 275 gram of brown sugar like contraband article and some arms were recovered from the room in question, the recovered contraband is more than the commercial quantity and apart from that the petitioner carries four cases other than the present one.

6. Considering the allegation as alleged in the F.I.R and the material available on record, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Danapur P.S. Case No. 451 of 2023 pending in the court of Sessions Judge/ Special Judge (NDPS), Patna.

7. Prayer is refused.

(Rajesh Kumar Verma, J) ajay/vinayakU T