Patna High CourtCR. MISC./25136/2024bail rejected

Dinesh Singh v. The State Of Bihar

2024-05-01Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25136 of 2024 Arising Out of PS. Case No.-907 Year-2023 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Dinesh Singh SON OF PRABHAS SINGH RESIDENT OF VILLAGESADHA NEWAJI TOLA PS- MUFFASIL, DIST- SARAN AT CHAPRA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Muffassil P.S. Case No. 907 of 2023 lodged on 04.11.2023 for offences punishable under Section 8, 20(b)(ii)(B) of the NDPS Act

3. As per the prosecution story F.I.R. has been lodged against two named accused persons including the present petitioner with an allegation that Ganja has been recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that petitioner has clean antecedents. He submits that the seizure list is absolutely defective, as no independent wit-

Patna High Court CR. MISC. No.25136 of 2024(2) dt.01-05-2024 2/2 ness were made witness of the seizure list.

5. Learned APP for the State opposes the prayer for bail and submits that it is true that independent witnesses were not there but the said seizure were made in the presence of wife of the accused persons and the copy of the seizure list has been handed over to her which she has received.

6. As such, considering the aforesaid facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, the anticipatory bail application of the petitioner is hereby rejected.

8. Petitioner is directed to surrender within six weeks and upon surrender, the Court shall consider the regular bail application of the petitioner without prejudice from the order of rejection of the anticipatory bail. (Dr. Anshuman, J) Sunnykr/- U