Ramswarup Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33842 of 2019 Arising Out of PS. Case No.-57 Year-2018 Thana- KANHAULI District- Sitamarhi ====================================================== RAMSWARUP SAH Son of shankar Shah Resident of Village- Nanpur, P.S.- Nanpur, District- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Kumar For the Opposite Party/s :
Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-09-2019 This application, for grant of anticipatory bail, arises out of Kanhauli P.S. Case No. 57/18, disclosing offences under Sections 8/20(B)II/A of NDPS Act.
Prosecution case is of recovery of 3.9 kilogram of ganja and one person was arrested and it is alleged that petitioner succeeded in fleeing away but his driving license was found at the place of occurrence.
Submission of learned counsel for the petitioner is that he has no criminal antecedent and has falsely been made accused in this case and in fact his driving license was lost, for which, he lodged station diary in the concerned police station. Learned A.P.P. opposed the prayer for anticipatory bail.
Having heard both sides, considering the facts and
Patna High Court CR. MISC. No.33842 of 2019(3) dt.12-09-2019 2/2 circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner may surrender 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 merit of the case, without being prejudiced by this order.
This application is, accordingly, dismissed (Vinod Kumar Sinha, J) sunilkumar/- U T