Dinanath Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49459 of 2024 Arising Out of PS. Case No.-225 Year-2022 Thana- KARJA District- Muzaffarpur ====================================================== Dinanath Kumar Son of Rajeshwar Ray @ Yogendra Ray @ Yogi Ray Resident of Vill- Jhakra Shaikh, P.S.- Karja, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Karja P.S. Case No. 225 of 2022 registered for the offences punishable under Sections 8/20(b)(ii)(B) of the N.D.P.S. Act.

3. As per the prosecution case, on the basis of secret information, in informant and other police official reached near NH722 and apprehended a person with bag containing 1.100 Kg of Ganja like substance.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that petitioner is not named in the F.I.R. only on the basis of

Patna High Court CR. MISC. No.49459 of 2024(2) dt.07-08-2024 2/2 confessional statement of apprehended co-accused the petitioner has been made accused in the present case. He further submits that no contraband article has been recovered from conscious possession of the petitioner. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State vehemently opposing the bail petition submitted that the petitioner is also involved in the present case.

6. Considering the facts and circumstances of case and the nature of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

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