Ram Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39182 of 2016 Arising Out of PS.Case No. -70 Year- 2016 Thana -JOGBANI District- ARRARIA ======================================================

1. Ram Singh, son of Bharat Singh

2. Ajay Singh son of Bharat Singh Both are resident of Village- Tikulia, Ward No.9, P.S.- Jogbani, Dist- Araria. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Sri Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 17-11-2016 Heard Sri Radha Mohan Singh, learned counsel, who was assisted by Sri Ramesh Kumar Singh, learned counsel for the petitioners and Sri Jitendra Kumar Singh, learned Addl. Public Prosecutor.

Two petitioners have approached this Court for grant of anticipatory bail in Jogbani P.S. Case No.70 of 2016 registered for the offence under Sections 20/22 of the Narcotics Drugs and Psychotropic Substance Act.

Learned counsel for the petitioners submits that save and except disclosure made by co-accused, who was apprehended, there is nothing against the petitioners. He further submits that nothing has been recovered from the conscious possession of the petitioners and, as such, it is a fit case for extending the privilege of anticipatory bail.

Patna High Court Cr.Misc. No.39182 of 2016 (6) dt.17-11-2016 2/2 Learned Addl. Public Prosecutor, opposing the prayer for anticipatory bail, submits that three persons were moving on motorcycle and while the Investigating Agency intercepted, only one person, who was pillion rider of motorcycle, was captured and two other persons were managed to flee away in the territory of Nepal. The apprehended person disclosed the name of the petitioners, who had crossed the boarder. From the possession of apprehended accused, huge quantity of Corex cough syrup, containing Psychotropic substance was recovered. He also disclosed that in the dickey of the motorcycle also, same substance was kept.

Besides hearing learned counsel for the parties, I have also perused the material on record. On perusal of paragraph3 of the petition, it is evident that petitioner no.1 is having criminal antecedent and he was accused for the offence under Section 399/402 of the Indian Penal Code and Section 25(1-b) A/26/35 of the Arms Act.

Keeping in view seriousness of accusation, there is no point for extending the privilege of anticipatory bail. The petition stands dismissed.

NKS/- (Rakesh Kumar, J) U T