Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73041 of 2024 Arising Out of PS. Case No.-193 Year-2024 Thana- SANGRAMPUR District- East Champaran ====================================================== Sonu Kumar, Son of Bhutan Das, Resident of Village -Charpipara Tola, Bhawanipur, Police station -Sangrampur, District -East Champaran (Motihari) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union of India Through Narcotics Control Bureau, Government of India Patna bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar, Adv.

Mr. Ravi Shanker Pankaj, Adv.

For the Opposite Party/s :

Ms. Shail Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 22-01-2025 Heard Mr. Arvind Kumar, learned counsel for the petitioner and Ms. Shail Kumari, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Sangrampur P.S. Case No. 193 of 2024 dated 24.07.2024 registered for the offences punishable under Sections 20(B)(ii)(C), 23(C) and 29 of the N.D.P.S. Act.

3. As per prosecution story, on 23.07.2024, the informant along with other police personnel were on patrolling duty and intercepted a car and on searching the car, 1 kg. of charas was found and one of the two apprehended person, namely, Shivnath Sah disclosed the name of this petitioner being involved in smuggling of Ganja and Charas and also revealed

Patna High Court CR. MISC. No.73041 of 2024(3) dt.22-01-2025 2/3 that on the same day, Sonu Kumar (petitioner) received 90 kg of Ganja and he used to manage the customers.

4. The main submissions advanced by learned counsel appearing for the petitioner are that except the statement of apprehended co-accused given before the police, which is not admissible in the eye of law, there is no material against the petitioner to show his involvement in the alleged crime of smuggling of narcotic material. It is further submitted that the petitioner has fair and clean antecedent and he has been falsely roped in the alleged crime.

5. Learned APP appearing for the State has opposed the bail prayer of the petitioner.

6. Heard both the sides and perused the FIR and case diary of this case. The instant matter relates to the recovery of commercial quantity of charas being 1 kg and as per apprehended co-accused, the petitioner is alleged to be involved in smuggling of narcotic material from Nepal country into the territory of India and the alleged seized narcotic material was to be delivered to the petitioner and the petitioner had recently received 90 kg. of ganja, and also, during investigation, the police party raided his house but he was not found. Considering the nature of allegation, the petitioner's prayer for the relief of

Patna High Court CR. MISC. No.73041 of 2024(3) dt.22-01-2025 3/3 anticipatory bail is not fit for acceptance. Accordingly, his prayer stands rejected.

(Shailendra Singh, J) annu/- U T