Panna Lal Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22829 of 2023 Arising Out of PS. Case No.-24 Year-2023 Thana- WARISNAGAR District- Samastipur ====================================================== Panna Lal Chaudhary Son Of Ratan Lal Chaudhary Resident Of Village - Nagabasti, Hansa, P.S. - Waris Nagar, Distt. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pintu Kumar Patel For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 21(a) of the N.D.P.S. Act.

As per FIR, informant after getting knowledge that in the shop of one Umesh Purve brown sugar was being supplied, thereafter, the informant along with other police party went there where co-accused Vikky Kumar was there and on search from the possession of co-accused, 7.550mg brown sugar which was kept in empty pocket of cigarette in separate 30 puriya as well as cash Rs. 10,000/- have been seized by the police. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner has been made accused in

Patna High Court CR. MISC. No.22829 of 2023(3) dt.04-07-2023 2/3 this case on the basis of confessional statement of co-accused Vikky Kumar. He submits that as per FIR and seizure list, no contraband brown sugar is recovered from the possession of the petitioner and the same was recovered from the co-accused. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the nature of offence, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Waris Nagar P.S. Case No. 24 of 2023.

However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order considering the fact that no any contraband article has been recovered from the possession of the petitioner and he has no criminal antecedent.

(Anjani Kumar Sharan, J) devendra/- U T

Patna High Court CR. MISC. No.22829 of 2023(3) dt.04-07-2023 3/3