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Patna High CourtCR. MISC./40379/2020dismissed

Munna Kumar Singh v. The State Of Bihar

2021-10-28Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40379 of 2020 Arising Out of PS. Case No.-202 Year-2020 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.

MUNNA KUMAR SINGH Son of - Late Madan Singh 2.

Tuntun Singh @ Krishna Murari Son of - Late Harendra Singh Both are resident of Village- Masarh, P.S.- Udwantnagar, DistrictBhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-10-2021 Heard learned counsel for the petitioner and the State. Learned counsel prays to withdraw the present application on behalf of petitioner No. 2.

The prayer is allowed.

The application is dismissed as withdrawn as against petitioner No. 2.

Now, the petitioner No. 1 prays for grant of anticipatory bail in N.D.P.S. Case No. 12 of 2020 arising out of Udwantnagar P.S. Case No. 202 of 2020 registered for the offence punishable under Sections 8/20 (b),(II), (C) of the N.D.P.S. Act.

There is recovery of 377 Kgs. of Ganja from the house of one of the co-accused Payari Devi. Petitioner is co-

Patna High Court CR. MISC. No.40379 of 2020(2) dt.28-10-2021 2/3 villager of co-accused Payari Devi.

The petitioner was seen fleeing away from the place of occurrence. The petitioner belongs to village Masadh which is ill-famous for the last more than 30-40 years for dealing in narcotics. Therefore, this is not a fit case for grant of anticipatory bail to the petitioner.

The prayer for anticipatory bail of the petitioner is rejected.

Though the F.I.R. was lodged 03.06.2020, but till date, the petitioner has not been arrested though there is no interim protection granted to the petitioner either by the Court below or by this Court.

The petitioner is directed to surrender in the Court below by 2nd of November, 2021. If the petitioner does not surrender by the aforesaid date, then the Superintendent of Police, Bhojpur, is directed to arrest him and produce him in the Court below.

The Superintendent of Police, Bhojpur, is also directed to issue show-cause to the Investigation Officer of the case as to why, till date, the petitioner was not arrested in the case of such a serious nature.

A copy of this order be communicated to the

Patna High Court CR. MISC. No.40379 of 2020(2) dt.28-10-2021 3/3 Superintendent of Police, Bhojpur through Fax forthwith. (Sandeep Kumar, J) Saif/- U T