Patna High CourtCR. MISC./50325/2023dismissed

Rohit Kumar v. The State Of Bihar

2023-08-25Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50325 of 2023 Arising Out of PS. Case No.-37 Year-2022 Thana- NADI NAINAHA District- West Champaran ====================================================== Rohit Kumar S/O Indradev Raut R/O Village- Bada Pareuwa, Ps.- Raxaul, Dist. East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 8/21(C) and 29 of the N.D.P.S. Act pending in the learned court below.

3. As per the prosecution case, 5.62 kg. of brown sugar was recovered from the baleno car.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the said vehicle does not belong to the petitioner. He submits that one Prithviraj Gupta has purchased the vehicle in question in the year 2018 in the name of her wife, Usha Devi. He further submits that when the police enquired the aforesaid Prithviraj Gupta and his wife, they

Patna High Court CR. MISC. No.50325 of 2023(2) dt.25-08-2023 2/2 disclosed that on 14.07.2022, they have sold the vehicle for consideration amount of Rs. 1,00,000/- to one Shyambabu Thakur. He submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

5. Per contra, learned APP for the State vehemently opposing the bail application and submits that the allegation levelled as the petitioner is serious in nature. Hence, he does not deserve anticipatory bail.

6. Considering the nature of the offence, I am not inclined to enlarge the petitioner on bail in connection with Bagaha Nadi P.S. Case No. 37 of 2022. Accordingly, his prayer for anticipatory bail is hereby rejected.

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