Rajnish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65454 of 2023 Arising Out of PS. Case No.-141 Year-2023 Thana- GOPALPUR District- Patna ====================================================== Rajnish Kumar, Son Of Anuj Yadav @ Anuj Rai, Resident Of MohallaBariya, Ps- Gopalpur, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shambhu Narayan Singh, Advocate Mr. Suraj Kumar Tiwari, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Gopalpur P.S. Case No. 141 of 2023 dated 04.03.2023 registered for the offences punishable u/ss 20(ii), (B) of the N.D.P.S. Act.

3. As per the prosecution case, 5.800 Kgs. ganja was recovered from the rented house of the co-accused Dharmendra Kumar @ Langra and he disclosed that the said ganja was provided to him by the petitioner and the two other co-accused persons.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The name of the petitioner has sprung up in the confesstional

Patna High Court CR. MISC. No.65454 of 2023(2) dt.08-11-2023 2/2 statement of the co-accused, Dharmendra Kumar@ Langra. No incriminating article has been recovered from the conscious possession of the petitioner and the petitioner has no concern with the alleged recovery. It is further submitted that the seized contraband is less than the commercial quantity. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Patna in connection with Gopalpur P.S. Case No. 141 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T