Malitary Kumar @ Mukesh Singh @ Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52234 of 2019 Arising Out of PS. Case No.-44 Year-2018 Thana- KHUSRUPUR District- Patna ====================================================== MALITARY KUMAR @ MUKESH SINGH @ MUKESH KUMAR Son of Nand Kumar Singh @ Nand Yadav R/o Village- Mosimpur, P.S.- Khusrupur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 15-07-2025 Heard learned counsel for the petitioner and learned counsel for the State Shri Jharkhandi Upadhyay.

2. This application has been filed on behalf of the petitioner for quashing the FIR of Khushrupur P.S. Case No. 44 of 2018 registered for the offence under Section 20/22 of the NDPS Act.

3. Learned counsel for the petitioner submits that except for confessional statement of the co-accused, who was caught with the Ganja, there is no material to connect the petitioner with the crime.

4. In these circumstances, this application is disposed of with a liberty to the petitioner to raise all the grounds at the stage of framing of charge. If such an application is filed in the

Patna High Court CR. MISC. No.52234 of 2019(2) dt.15-07-2025 2/2 Court below raising all the grounds then the same shall be considered by the learned Special Judge in light of the judgment of the Hon'ble Supreme Court in the case of Kanchan Kumar Vs. The State of Bihar reported in (2022) 9 SCC 577 and a reasoned order shall be passed by the Special Judge, in accordance with law considering the materials available on record and also considering the arguments of the petitioner. (Sandeep Kumar, J) Vikas/- U