Ramashray Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37708 of 2023 Arising Out of PS. Case No.-508 Year-2022 Thana- UCHKAGAON District- Gopalganj ====================================================== RAMASHRAY SINGH S/O LATE PRAYAG SINGH R/O Village- Mahaicha, P.S. Uchkagaon, Dist. Gopalganj.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vyas Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

Petitioner apprehends his arrest in connection with Uchkagaon P.S. Case No.508 of 2022, registered for the offence punishable u/s 8/20(b)(ii)(A) of the NDPS Act. 3.

Allegedly 750 gm of Ganja is said to have been recovered from the shop of the petitioner.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern with the alleged recovered contraband article and the alleged quantity comes under the purview of small quantity. He has no criminal

Patna High Court CR. MISC. No.37708 of 2023(2) dt.31-07-2023 2/2 antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case and considering that the contraband article has been recovered from the shop of the petitioner, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

This application is accordingly dismissed.

8.

However, petitioner is at liberty to surrender before the learned Court below and seek regular bail and the learned Court below would pass an order, preferably on the same day, in accordance with law, considering that small quantity of contraband article has been recovered from the shop of the petitioner.

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