Patna High CourtCR. MISC./41055/2019dismissed

Rampukar Singh v. The State Of Bihar

2019-09-26Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41055 of 2019 Arising Out of PS. Case No.-43 Year-2019 Thana- SHERGHATI District- Gaya ====================================================== RAMPUKAR SINGH S/o Santan Singh R/o village- Gopalpur, P.S.- Sherghati, Distt.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vindhya Keshari Kumar, Mr.Ashok Kumar For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-09-2019 This application, for grant of anticipatory bail, arises out of Sherghati P.S. Case No. 43/2019, disclosing offences under Sections 20(b)/22 of the NDPS Act. Allegation is of recovery of 6.700 kilogram of ganja from the house of the petitioner.

Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and the house from which the alleged recovery has been made is a joint house. Further submission is that co-accused having similar allegation has been granted the privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 22.08.2019 passed in Cr. Misc. No. 31112 of 2019.

Learned counsel for the State opposed the prayer for

Patna High Court CR. MISC. No.41055 of 2019(3) dt.26-09-2019 2/2 bail and submitted that in this case huge quantitiy of ganja has been recovered.

Having heard both sides, considering the fact that there is recovery from the house of the petitioner, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner may before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the basis of materials available on record, if possible on same day, without being prejudiced by this order.

This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- U T