Sonu Kumar @ Aman Kumar @ Shanu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46262 of 2022 Arising Out of PS. Case No.-135 Year-2022 Thana- PARBATTA District- Khagaria ====================================================== Sonu Kumar @ Aman Kumar @ Shanu Kumar Son Of Shiv Shankar Yadav R/O VillageDiyara-Chandpur, P.S.- Falka, District- Katihar (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bishweshwar Ram, Adv.

For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 09-12-2022 The matter is heard through video conferencing in virtual mode.

The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Petitioner seeks regular bail in connection with Parbatta P.S. Case No. 135 of 2022 registered for the offences punishable under Sections 20, 22 and 50 of the N.D.P.S. Act. As per the prosecution, the informant along with other police personnel acting upon a secret information apprehended this petitioner and in following with the disclosure statement given by this petitioner 263.670 Kg of Narcotic material suspected to be Ganja was recovered from the maize field which was unloaded there by the petitioner and other co-accused persons.

Patna High Court CR. MISC. No.46262 of 2022(2) dt.09-12-2022 2/2 The main submissions advanced by learned counsel Mr. Bishweshwar Ram appearing for the petitioner are that the petitioner has fair and clean antecedent, in fact on the alleged date and time of petitioner's arrest he was going to his maternal grandfather's house and on suspicion he was arrested and he is a student and had no concern to the alleged recovered Narcotic material and the said recovery was not made from his conscious possession and he has been languishing in jail since 28.03.2022. Learned APP Mr. Kumar Veerendra Narayan appearing for the State has opposed the prayer for bail. Heard both the sides and perused the FIR and the seizure list.

As per the prosecution some persons made an attempt to flee on seeing the police party and the petitioner was apprehended at the spot and in following with the disclosure statement made by him a huge quantity of 263.670 Kg of Narcotic material suspected to be Ganja was recovered from a Maize field relating to another person namely Manish Kumar. Considering the huge quantity of recovery of the said contraband and mainly taking into account the petitioner's arrest at the spot, in the opinion of this Court the petitioner does not deserve to the privilege of bail. Accordingly, his prayer for bail stands rejected. (Shailendra Singh, J.)