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Patna High CourtCR. MISC./68002/2022dismissed

Ravi Kumar @ Ravi @ Kundan Chaudhary v. The State Of Bihar

2023-02-25Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68002 of 2022 Arising Out of PS. Case No.-103 Year-2021 Thana- AURAI District- Muzaffarpur ====================================================== RAVI KUMAR @ RAVI @ KUNDAN CHAUDHARY Son of Late Shivji Mahto Resident of Village - Rampur, P.S.- Aurai, Dist.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anand Kumar, Adv.

For the Opposite Party/s :

Mr.Uday Pratap Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-02-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 399/402 of the Indian Penal Code, Section 25(1-b) a, 26, 35 of the Arms Act and Section 20/22 of NDPS Act.

On secret information about trading of Ganja in the mango orchard of Akil Ahmad of village Rampur, the police reached there. After seeing the police, the accused persons started fleeing but three persons were apprehended. On being searched, one loaded pistol with one live cartridge and total 3.792 Kg Ganja were recovered from the physcial possession of the apprehended accused persons.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.68002 of 2022(2) dt.25-02-2023 2/2 petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to village politics. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The name of the petitioner has been dragged in this case only on the basis of the confessional statement of apprehended co-accused persons. It is further submitted that petitioner has been residing in Ludhiana. He was not arrested on the spot. Nothing has been recovered from his physical possession. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail and submitted that petitioner is the member of the syndicate which is involved in selling and purchasing of the contraband articles. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected.

(Anjani Kumar Sharan, J) divyanshi/- U T