Patna High CourtCR. MISC./4410/2016dismissed

Amit Kumar Singh v. The State Of Bihar

2016-02-22Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4410 of 2016 Arising Out of PS.Case No. -121 Year- 2015 Thana -KOILWAR District- BHOJPUR ======================================================

1. Amit Kumar Singh, son of Late Krishna Singh, resident of Village & P.O.- Neknam Tola, P.S.- Barahara, District- Bhojpur (Bihar). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Smt. Anusaiya Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-02-2016 Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 25.5.2015 in a case registered for the offences punishable under Sections 20(b)(ii) and 22 of the NDPS Act.

It is alleged that 62 kilograms of ganja were recovered from the jeep when the petitioner was apprehended while standing near the jeep but two other persons escaped from the scene. He disclosed that one escaped person was Mukesh Kumar and the other was driver of the jeep.

It is submitted by the learned counsel for the petitioner that the statement of the informant is not admissible in law. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.4410 of 2016 (3) dt.22-02-2016 2/2 It is submitted by learned counsel for the state that it suggests the complicity of the petitioner in the alleged crime. It is further submitted that the petitioner admitted that drug trafficking was made by him in league with Mukesh.

Considering the nature of accusation, this court is not inclined to grant bail to the petitioner in connection with NDPS Case No. 7 of 2015 arising out of Koilwar P.s. Case No. 121 of 2015 pending in the court of learned 3rd Additional Sessions Judge, Bhojpur at Ara.

This application is, accordingly, dismissed.

(Dinesh Kumar Singh, J) Anil/- U T