Patna High CourtCR. MISC./41127/2020dismissed

Rajendra Rai @ Yogendra v. The State Of Bihar

2021-09-21Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41127 of 2020 Arising Out of PS. Case No.-282 Year-2019 Thana- NADI P.S. District- Patna ====================================================== Rajendra Rai @ Yogendra, Son Of Chandeshwar Rai Resident Of VillageKripal Tola, P.S.- Nadi, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudish Kumar- Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-09-2021 Heard Mr. Sudish Kumar, the learned Advocate for the petitioner and Mr. Md. Aslam Ansari, the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Nadi P. S. Case No.282 of 2019, instituted for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act and Sections 8/20/22/26/29 of the N.D.P.S. Act. On secret information to the police that the liquor and narcotics are stored in the poultry farm of the petitioner and his father, a raid was conducted. From a hut situated opposite to aforesaid poultry farm, 50 Kgs of ganja and narcotics are said to have been recovered. The petitioner denies that the place of recovery belongs to him.

However, considering the nature of accusation and the

Patna High Court CR. MISC. No.41127 of 2020(3) dt.21-09-2021 2/2 recovery as well as information to the police that the same was stored in that hut by the petitioner and his father, I am not inclined to grant anticipatory bail to him.

The prayer for anticipatory bail of the petitioner is rejected.

However, if the petitioner surrenders before the Court below and seeks bail, the Court below shall consider the case on its own merits, without being prejudiced by the fact that the present anticipatory bail application has not been entertained by this Court.

(Ashutosh Kumar, J) vikash/- U T