Dilip Kumar @ Dilip Hathi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1280 of 2021 Arising Out of PS. Case No.-83 Year-2020 Thana- PUNAURA District- Sitamarhi ====================================================== Dilip Kumar @ Dilip Hathi Son Of Khedu Hathi Resident Of Village - Punaura Purvi, Ward No. 5b, P.S. - Punaura, District - Sitamarhi (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shankar Kumar- Advocate For the Opposite Party/s :
Mr. A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-07-2021 Heard Shankar Kumar, the learned Advocate for the petitioner and the learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Punaura P. S. Case No.83 of 2020, instituted for the offences under Sections 8/ 20(b)(II)(A) of the N.D.P.S. Act. On secret information to the police party that one Mukesh Mahto is storing narcotics in his shop, a raid was conducted. Very small quantity of Ganja was found in his shop. On his tip off, the tea shop of the petitioner also was raided from where 100gms of Ganja is said to have been recovered. The petitioner and another is said to have run away from the place where raid was made.
Mr. Shankar Kumar, the learned Advocate for the petitioner has stated that he is a person of clean antecedents and
Patna High Court CR. MISC. No.1280 of 2021(2) dt.02-07-2021 2/2 that the place from where the recovery has been made does not belong to him.
However, for the reasons that there is a recovery of 100gms of Ganja from the shop of the petitioner, I am not inclined to admit the petitioner on anticipatory bail. The prayer for anticipatory bail is rejected. However, if the petitioner surrenders before the Court below and seeks bail, the Court below shall take into account all the above noted grounds and shall pass orders in accordance with law 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