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Patna High CourtCR. MISC./46063/2018disposed

Ram Pravesh Rai v. The State Of Bihar

2018-08-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46063 of 2018 Arising Out of PS.Case No. -839 Year- 2017 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Ram Pravesh Rai son of Sri Kamal Rai Resident of Village - Jagdishpur, P.S. Raghopur, District Vaishali, at present resident of village - Jethuli, P.S. Fatuha, District Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-08-2018 Heard the parties.

The petitioner seeks anticipatory bail in connection with Kotwali (Tilkamanjhi) P.S.Case No. 839 of 2017, registered for offences punishable under Sections 8, 20 (b) (ii) (c), 25 and 29 of the N.D.P.S. Act.

Allegation against the petitioner is of recovery of 73 packet of ganja, weighing 809 kg and also seized the truck and a mobile, which belongs to the petitioner.

Submission of the learned counsel for the petitioner is that no ganja was recovered from the house of the petitioner rather the recovery of Rs. 54 lacs from the house of the petitioner is in question because the petitioner and four brothers and his

Patna High Court Cr.Misc. No.46063 of 2018 (2) dt.09-08-2018 2/2 father is alive and money was kept for purchase the land in Hajipur Town. It is further submitted that the petitioner has been falsely implicated in this case on the basis of suspicion. Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances as discussed above, the case of the petitioner is concerned, I am not inclined to grant bail to the petitioner, Accordingly, prayer of anticipatory bail is rejected with a direction to the petitioner that if the petitioner surrender before the court below within a period of four weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by this order of this Court and if possible to be disposed of on the same date.

This application is accordingly disposed of.

(Vinod Kumar Sinha, J) Sudha/-sunil U T