Patna High CourtCR. MISC./45462/2019dismissed

Mantu Kumar v. Union Of India Through N.C.B. Patna

2019-10-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45462 of 2019 Arising Out of PS. Case No.-3 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== MANTU KUMAR Son of Ram Bali Rai Resident of Village- Kathaulia, P.S.- Bidupur, District- Vaishali ... ... Petitioner/s

Versus

UNION OF INDIA THROUGH N.C.B. PATNA Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Naresh Chandra Verma For the Opposite Party/s :

Mr. Awadhesh Kr. Pandey, Sr. C.G.C.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-10-2019 Petitioner seeks bail in anticipation of his arrest in connection with Special Case No. 5 of 2019, arising out of NCB/PZU/V/03/2019, registered for the offences punishable under Sections 8, 20 and 29 of N.D.P. S. Act. As per FIR 30 and odd Kg. of ganja was recovered from the dickey of the car of the petitioner and co-accused persons have named the petitioner in the confessional statement before the authority concerned.

Submission of learned counsel for the petitioner is that petitioner was not present at the place of occurrence and he is working at Ludhiana and he has given the car on hire basis and he is ready to abide by any condition that may be imposed on him.

Patna High Court CR. MISC. No.45462 of 2019(5) dt.23-10-2019 2/2 Heard learned counsel for Union of India, who has opposed the prayer for anticipatory bail of the petitioner. In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. However, if he surrenders and prays for regular bail, the same shall be considered by learned Special Judge on the basis of submission made above and also on the basis of materials available on the record while disposing of the bail application of the petitioner.

This application is, accordingly, dismissed.

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