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Patna High CourtCR. MISC./24013/2020disposed

Lakhan Singh @ Ram Lakhan Singh v. The State Of Bihar

2020-10-15Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24013 of 2020 Arising Out of PS. Case No.-484 Year-2019 Thana- BAGHA District- West Champaran ====================================================== LAKHAN SINGH @ RAM LAKHAN SINGH S/o Late Ram Bahadur Singh Resident of Village-Babui Tola, P.S.-Bagaha, District-West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mitali For the Opposite Party/s :

Mr.Indu Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-10-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Shri Indu Shrivastava, the learned A.P.P. appearing for the State. The petitioner apprehends his arrest in connection with Bagaha P.S. Case No. 484 of 2019 for the offence punishable under Sections 20(b) II (B) of N.D.P.S. Act. The allegation is regarding the police having received secret information that the petitioner is indulging in illicit trade of Ganja at village Babui tola and has kept the Ganja in his house. Thereafter, the informant and other police personnel had conducted a raid on the alleged date and time of

Patna High Court CR. MISC. No.24013 of 2020(2) dt.15-10-2020 2/2 occurrence at the house of the petitioner and recovered 7 Kg. Ganja, however, the petitioner had managed to flee away from his house.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. The learned A.P.P. appearing for the State has vehemently opposed the prayer for anticipatory bail. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the fact that huge quantity of ganja has been recovered from the house of the petitioner and the petitioner has also been identified by the villagers to be the person who had fled away from the house in question, I do not find the present case to be at least a fit case for grant of anticipatory bail, hence the present petition stands dismissed. (Mohit Kumar Shah, J) Tiwary/- U T