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Patna High CourtCR. MISC./47254/2025bail rejected

Akhilesh Kumar @ Akhilesh Rai @ Akhileshwar Rai v. The State Of Bihar

2025-07-30Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47254 of 2025 Arising Out of PS. Case No.-41 Year-2025 Thana- RAJEPUR District- East Champaran ====================================================== Akhilesh Kumar @ Akhilesh Rai @ Akhileshwar Rai S/o Tilahi Ray R/o Village- Semrahan, PS- Rajepur, Distt- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Usha Kumari, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner is apprehending arrest in connection with Rajepur P.S. Case No. 41 of 2025 lodged on 10.03.2025, for the offence punishable under Sections 8, 20(B)(ii)(c), 21(b), 22 & 25 of the N.D.P.S Act, pending in the Court of Exclusive Special Judge Court no.2 (N.D.P.S Act), East Champaran, Motihari.

3. As per the prosecution, FIR has been lodged against the present petitioner and owner of a vehicle. Total recovery of 109.38 kg of ganja has been made which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.47254 of 2025(2) dt.30-07-2025 2/2 petitioner is innocent and has committed no offence. Counsel submits that nothing has been recovered from the conscious possession of the petitioner and the said recovery has been made from the petitioner's house and car. Counsel submits that the petitioner was not apprehended from the place of occurrence. Counsel further submits that the petitioner has no criminal antecedent and he is ready to fulfill all the conditions whatsoever shall be imposed upon him.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that huge quantity of ganja has been recovered in this case which is more than the commercial quantity.

6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected. (Dr. Anshuman, J) Divyansh/- U T