Atul Mishra @ Avinash Kumar Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45531 of 2024 Arising Out of PS. Case No.-621 Year-2023 Thana- BHORE District- Gopalganj ====================================================== Atul Mishra @ Avinash Kumar Mishra SON OF UDAY SHANKAR MISHRA R/O BHOREY DAKSHIN TOLA, P.S.- BHOREY, DISTGOPALGANJ(BIHAR) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Priyanka Singh, Adv.
For the Opposite Party/s :
Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-02-2025 Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner apprehends his arrest in connection with Maker P.S. Case No. 184 of 2023, registered for the offences punishable under Sections 304 (B)/ 34 of the Indian Penal Code.
3. As per allegation, the petitioner along with others was found to be involved in sale and purchase of narcotic drugs. It has further been alleged that from motorcycle of the petitioner, 0.930 gm of smack was recovered.
4. The learned counsel for the petitioner has submitted that he is innocent and has falsely been implicated in this case. No incriminating article has been recovered from his conscious
Patna High Court CR. MISC. No.45531 of 2024(4) dt.07-02-2025 2/2 possession. The alleged contraband recovered is less than the small quantity. He has submitted further that no case under the provisions of NDPS act is made out against the petitioner.
5. On the other hand, the learned APP for the State Sri J.N. Thakur has opposed the prayer for bail and submitted that the petitioner has three criminal antecedents, as such, he doesn't deserve the privileges of anticipatory bail.
6. Considering the above-mentioned facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner, which is hereby rejected.
(Nawneet Kumar Pandey, J) kundan/- U T