Gurucharan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41290 of 2017 Arising Out of PS.Case No. -55 Year- 2017 Thana -BARUN District- AURANGABAD ======================================================

1. Gurucharan Singh, son of Veera Singh resident of Village- Kans, Jogiya, Police Station - Barun, District - Aurangabad, Present the owner of Gurucharan Line Hotel.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tej Narayan Singh, Advocate For the Opposite Party/s : Mr. S. Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 13-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Barun P.S. Case No.55 of 2017 instituted for the offence under Section(s) 8/17 (c)/18(c) of the NDPS Act pending in the Court of the Chief Judicial Magistrate, Aurangabad.

It is alleged in the written report that on search of hotel of this petitioner 18 pieces opium total 19.50 kg. in yellow polythene kept in big plastic bag in liquid, 18 pieces opium total 21.400 kg. in liquid form kept in big bag of white colour and 250 pieces opium kept in big yellow polythene bag were recovered from the counter. It is further alleged that from dickey of Car No.BR 26 F 0011, English medicine 40 pieces, 11 piece opium Churn in black colour packet weighing 03.200 kg. were

Patna High Court Cr.Misc. No.41290 of 2017 (3) dt.13-10-2017 2/2 recovered. Seizure lists were prepared and handed over to the accused persons, namely, Sanaullah Ansari and Birendra Singh, who were apprehended at the spot. The petitioner managed to flee away.

Report of the Forensic Science Laboratory, Patna, has been received, wherein, samples which were sent for examination was found parts of opium, which is addictive, intoxicating, narcotic drugs.

In such circumstances, this Court does not find it a fit case for grant of anticipatory bail.

Prayer of the petitioner for grant of anticipatory bail is rejected.

Petitioner may surrender before the Court below and seek regular bail, which shall be considered and disposed off in accordance with law on its own merit without being prejudiced by this order.

(Sanjay Priya, J) JA/- U T