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Patna High CourtCR. MISC./71736/2018dismissed

Binod Prasad Yadav @ Binod Prasad And ORS v. The State Of Bihar

2019-01-09Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71736 of 2018 Arising Out of PS. Case No.-245 Year-2018 Thana- BAKHTIYARPUR District- Patna ======================================================

1. Binod Prasad Yadav @ Binod Prasad son of Late Sipahi Ray.

2. Aarodh Kumar @ Aarodh Kr. son of Late Rana Devendra Prasad.

3. Anita Devi W/o Anil Kr. Ray @ Anil Ray. All Resident of Village- Naya Tola, Madhopur, Police Station- Bakhtiyarpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiva Ranjan For the Opposite Party/s :

Mr.Sri Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-01-2019 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Special NDPS Case No. 44A/2018 arising out of Bakhtiyarpur P.S. Case No. 245 of 2018 dated 10.05.2018 instituted for the offences under Sections 20/22 of the Narcotic Drugs and Psychotropic Substance Act.

From the house of the petitioners, 9.5 kg. of Ganja is said to have been recovered.

It is not a case for anticipatory bail.

The prayer for anticipatory bail is rejected. In case the petitioners surrender before the court below and seek regular bail, the court below shall

Patna High Court Cr.Misc. No.71736 of 2018(3) dt.09-01-2019 2/2 take into account that one of the petitioners is a lady who is said to be the wife of the arrested accused persons viz. Anil Kumar Rai whereas the recovery was made from the common house and petitioner no. 2 happens to be the cousin of aforesaid Anil Kumar Rai and shall pass orders in accordance with law, without being prejudiced by the fact that the present petition has not been entertained.

(Ashutosh Kumar, J) krishna/- U T