Gourav Singh @ Gourav Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36042 of 2024 Arising Out of PS. Case No.-53 Year-2023 Thana- DHAMDAHA District- Purnia ====================================================== Gourav Singh @ Gourav Kumar Singh SON OF RAM NARAYAN SINGH RESIDENT OF VILLAGE- SARSI, PS- SARSI, DIST- PURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh, Advocate For the Opposite Party/s :

Mrs.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-08-2024 Heard the parties.

2. The petitioner is in judicial custody in connection with Dhamdaha P.S. Case No.53 of 2023 instituted under Section 8(c)/21(b) of the NDPS Act lodged on 14.03.2023 by the informant Dinesh Kumar.

3. As per the FIR, informant on secret information regarding doing illegal business Smack (Brown Sugar) by this petitioner at Kabristan Road, Kukraun reached there and apprehended him after the chase. On being asked, the apprehended person disclosed his name as Raju Ansari. Informant after complying the provision of section 50 of the NDPS searched the petitioner in presence of two independent witnesses and recovered 11.25 Grams Smack (Brown Sugar), which was kept in his pocket in Polythene and Mobile with SIM

Patna High Court CR. MISC. No.36042 of 2024(2) dt.02-08-2024 2/2 from the possession of Raju Ansari. Accordingly, the informant prepared seizure list and arrested the petitioner. He also disclosed that smack is being brought from one Gaurav Singh of Sarsi (petitioner herein) and sold it to Anand Rai and Viccky Paswan in wholesale. Accordingly, the FIR.

4. Learned counsel for the petitioner submits that admittedly, recovery/seizure is from Raju Ansari and on his confession, the name has come. He has no role to play in the matter.

5. Learned APP submits that a bare perusal of the petition would show that earlier also he has been made accused in a case under NDPS Act. She submits that the allegation against the petitioner is that he is the person who sold the brown sugar to Anand Rai and Viccky Paswan who in turn, supplied it to Raju Ansari.

6. Considering the aforesaid facts as also the criminal antecedent, no case of anticipatory bail is made out which is accordingly rejected.

(Rajiv Roy, J) Ravi/- U T