Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63553 of 2019 Arising Out of PS. Case No.-16 Year-2017 Thana- PATNA GRP CASE District- Patna ====================================================== Manoj Kumar, Son of Sadhu Yadav @ Nageshwar Ray, Resident of VillageBahrampur, P.S-Raghopur, District-Vaishali. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr.Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking anticipatory bail in connection with Special (N.D.P.S.) Case No. 07 of 2017 arising out of Rail Patna (Rajendra Nagar Terminal) Jn. P.S. Case No. 16 of 2017 registered for the offences punishable under Sections 8/20(b)(ii)B/29 of the N.D.P.S. Act. Learned counsel for the petitioner submits that he has been falsely implicated in the confessional statement of the apprehended accused persons and in this regard he has tried to explain in paragraph '9' of the application his enmity with the co-accused Sudhir Yadav.

Learned A.P.P. for the State submits that in the present case both the accused persons who were apprehended have

Patna High Court CR. MISC. No.63553 of 2019(3) dt.06-03-2020 2/2 named this petitioner as supplier of Ganja and as such the petitioner does not deserve privilege of anticipatory bail. Considering the facts and circumstances of the case, wherein the apprehended accused persons have named this petitioner as supplier of Ganja and the case being under the provisions of the N.D.P.S. Act, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is, thus, refused.

In case the petitioner surrenders and prays for regular bail in the court below within a period of four weeks from today, his prayer for regular bail shall be considered on its own merit without being prejudiced by this order.

(Rajeev Ranjan Prasad, J) vats/- U T