Raunak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49375 of 2024 Arising Out of PS. Case No.-193 Year-2024 Thana- MADHEPURA District- Madhepura ====================================================== Raunak Kumar Son of Ashok Yadav R/o village - Sakarpur, Ward No.- 2, P.S.- Bharrahi O.P. Udakishunganj, District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisu Zzoha, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-08-2024 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Madhepura PS case no. 193 of 2024, disclosing offences punishable under Sections 8(c), 21(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985. 3.

The prosecution story, as per the First Information Report, is that on secret information that near Karpori Chowk at Ward no. 21 in the house of Lalan Jha, a tenant namely Raunak Kumar has brought drugs, the informant along with police party reached there. On seeing police party, a boy standing there, succeeded in fleeing away

Patna High Court CR. MISC. No.49375 of 2024(2) dt.21-08-2024 2/3 but in presence of independent witnesses namely Arvind Thakur and Munna Poddar, room of Raunak Kumar was searched and Rs. 1,20,840/- cash and 198 grams of smack like substance were recovered. The recovered articles were seized and seizure list prepared.

4.

Learned Counsel for the petitioner submits that contraband article has been recovered from the house of Lalan Jha, who is said to be the landlord of the petitioner but the fact of the matter is that the petitioner is not residing in the house of Lalan Jha as a tenant and there is no written agreement creating tenancy between the petitioner and the house owner Lalan Jha. Learned counsel further submits that though the contraband material has been recovered from the house of Lalan Jha but he has not been made accused.

5.

Having heard learned counsel for the parties and upon perusal of First Information Report and seizure list, it appears that the petitioner is a tenant in a room owned by Lalan Jha and from the room, huge amount of cash along with smack weighing 198 grams have been recovered, which is more than small quantity i.e. 5 grams, as prescribed in N.D.P.S. Act, I am not inclined to grant the privilege of anticipatory bail to the petitioner.

Patna High Court CR. MISC. No.49375 of 2024(2) dt.21-08-2024 3/3 6.

Accordingly, the prayer of the petitioner for grant of anticipatory bail is rejected.

(Anil Kumar Sinha, J) rinkee/- U T