Subham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37254 of 2023 Arising Out of PS. Case No.-509 Year-2022 Thana- NAUBATPUR District- Patna ====================================================== SUBHAM KUMAR SON OF SRI SUNIL KUMAR @ BALETHA SINGH RESIDENT OF MOHALLA FARIDPURA, PS NAUBATPUR, DISTRICTPATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mithilesh Kumar For the Opposite Party/s :

Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 385 and 387/34 of the Indian Penal Code and Sections 8(C)/21(b)(c) of the NDPS Act pending in the learned court below.

3. As per the prosecution case, 15.2 gram of smack in 38 packets, a narcotic substance has been recovered from the co-accused Rishi Raj. On interrogation, he disclosed the name of the petitioner that the petitioner along with other co-accused persons are involved in demanding ransom from the local shopkeepers as well as indulged in selling of smack.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.37254 of 2023(2) dt.31-07-2023 2/3 petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner is made accused on the basis of the confessional statement of the co-accused, namely, Rishi Raj. He submits that petitioenr has not been served the notice under Section 67 of the N.D.P.S. Act seking explanation of taking his name by spot arrested person which is against the mandatory provision. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

5. Per contra, learned APP for the State vehemently opposing the bail application and submits that the petitioner also involved in the present. Relying upon the judgment of the Hon'ble Apex Court passed in the case of "Indresh Kumar Vs. the State of U.P. & Anr. (Criminal Appeal No. 938 of 2022)" whereby this Court held that "Statements under Section 161 Cr.P.C. may not be admissible in evidence but are relevant in considering the the prima facie case against an accused in an application for grant of bail in case of grave offence". Hence, he does not deserve anticipatory bail.

6. Considering the nature of the offence, I am not inclined to enlarge the petitioner on bail in connection with Naubatpur P.S. Case No. 509/2022. Accordingly, his prayer for

Patna High Court CR. MISC. No.37254 of 2023(2) dt.31-07-2023 3/3 anticipatory bail is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seeks regular bail, the learned Court below would pass the order, preferably, on the same day, without being prejudiced by this order considering this fact that there is no incriminating article has been recovered from the conscious possession of the petitioner.

(Anjani Kumar Sharan, J) ajay/- U T