Happy Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39704 of 2018 Arising Out of PS.Case No. -158 Year- 2018 Thana -BAKHTIYARPUR District- PATNA ======================================================

1. Happy Kumar S/o Sadhu Singh @ Awdhesh Singh, R/o Vill.- Sirsi, P.S.- Bakhtiyarpur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-07-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Special Case No.24 of 2018 arising out of Bakhtiyarpur P.S.Cae no.158 of 2018 registered for offences punishable under Sections 20, 22 of NDPS Act and Section 25 (1-B)a, 26 and 35 of the Arms Act.

Allegation against the petitioner is that is about recovery of 1⁄2 kg. Ganja from the co-accused and the co-accused has named in this petitioner and the petitioner is also named in the FIR. Submission of the learned counsel for the petitioner is that there is no recovery from the possession of the petitioner and his name was disclosed by the co-accused.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.39704 of 2018 (3) dt.27-07-2018 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioner rather let the petitioner surrender before the learned court below within a period of four weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned court below on its own merit, if possible on the same day.

With the aforesaid direction, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U T