Dhuran Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60445 of 2022 Arising Out of PS. Case No.-276 Year-2022 Thana- ITARHI District- Buxar ====================================================== Dhuran Chauhan Son Of Late Munna Chauhan R/V- Bhelupur, P.S- Itarhi Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Singh For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-01-2023 Learned counsel for the petitioner is permitted to make correction in para-1 of the bail application, in course of the day.

Heard learned counsel for the parties.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 20(b)(II) (B), 22(b) 29 of the NDPS Act.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that as a matter of fact, the brother of the village Choukidar is the liquor supplier of the village and the locality and at one point of time when the raid was made in the house of one Ram Dayal Paswan, the petitioner was cited as witness as such Choukidar has an apprehension that it was the petitioner who has intimated this matter to the DSP and SP,

Patna High Court CR. MISC. No.60445 of 2022(2) dt.10-01-2023 2/2 Buxar. He submits that no contraband article has been recovered from the possession of the petitioner or his house. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Itarhi P.S. Case No. 276 of 2022. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order considering the fact that no contraband article has been recovered from the possession of the petitioner. (Anjani Kumar Sharan, J) devendra/- U T