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Patna High CourtCR. MISC./6116/2018rejected

Ramesh Kumar v. The State Of Bihar

2018-02-06Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6116 of 2018 Arising Out of PS.Case No. -108 Year- 2017 Thana -HULASGANJ District- JEHANABAD ====================================================== Ramesh Kumar, Son of Shatrughan Sharma @ Shatrughan Singh, Resident of Village- Kewla, P.S.- Hulasganj, District- Jehanabad. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shekhar Kumar Singh, Adv. For the Opposite Party/s : Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Hulasganj P.S. Case No. 108 of 2017 registered for the offences under Sections 8 and 20 (A) (1) of the Narcotic Drugs and Psychotropic Substances Act. Allegation has been made that the petitioner is the owner of a Kirana shop and when the police party, raided the said shop of the petitioner, he fled away. On search, one kilogram of Ganja was recovered from the said shop. Learned counsel for the petitioner submits that all action has been taken at the instance of one Deepak Kumar against whom the petitioner has enmity since before and it is

Patna High Court Cr.Misc. No.6116 of 2018 (2) dt.06-02-2018 2/2 Deepak Kumar, who has kept the Ganja in the shop of the petitioner and became a seizure witness.

Looking to the entire facts and circumstances of the case, I am not inclined to enlarge the petitioner, above named, on anticipatory bail. The prayer for anticipatory bail is, accordingly, rejected.

However, if the petitioner surrender before the learned court below, within a reasonable period, and seek regular bail, his application for regular bail shall be considered by the learned court below on its own merit without being prejudiced by rejection of present application for grant of anticipatory bail. (Shivaji Pandey, J) Praveen-II/- U T