Amit Kumar @ Mangal Singh @ Maango Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61175 of 2022 Arising Out of PS. Case No.-177 Year-2022 Thana- BARHIYA District- Lakhisarai ====================================================== AMIT KUMAR @ MANGAL SINGH @ MAANGO SINGH Son of Late Krishna Nandan Singh R/V- Paharpur, P.S- Barahiya, Dist- Lakhisarai (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jai Prakash Singh, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-05-2023 Heard Mr. Jai Prakash Singh, learned Counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP for the State.

The petitioner apprehends his arrest in connection with Barahiya P.S. Case No. 177 of 2022 for the offence registered under sections 8 and 20 of the N.D.P.S. Act lodged on 09.08.2022 by the informant, Harishankar Prasad. The prosecution case, in brief, is that the informant got information that one Rajesh Singh @ Kaku has kept 'ganja' in the room besides water tank at Paharpur village. It is further stated that on information, he along with other police official reached at the spot where he saw one person standing over there, who after seeing the police tried to escape. He was apprehended and disclosed his name as Rajesh Singh @ Kaku. It is further stated that on interrogation, Rajesh Singh disclosed about the said water tank, which is built in his land and he is the

Patna High Court CR. MISC. No.61175 of 2022(3) dt.22-05-2023 2/2 sole care taker and also said that the key of the room is kept with him. It is further stated that upon his request, the room was searched by Circle Officer, Barahiya and it was found that 'ganja' like material was kept in the bed, weighing 10 kg. It is further stated that upon query from Rajesh Singh, he disclosed that the said 'ganja' was kept by Mangal Singh (the petitioner herein) and thereafter the alleged contraband was seized and seizure list was prepared. Accordingly, the FIR. The petitioner has been named in the FIR and the allegation against him is that the 10 kg 'ganja' that was recovered/seized from Rajesh Singh belongs to him. Considering the aforesaid facts, this Court does not deem it fit and proper to extend the anticipatory bail, which is accordingly rejected.

If the petitioner surrenders within a period of four weeks from today, the Court shall take into account the factors available before it and will try to dispose of the petition on the same day, if possible.

(Rajiv Roy, J) Jagdish/Neha/- U T