Sanjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74717 of 2024 Arising Out of PS. Case No.-105 Year-2024 Thana- MANIYARI District- Muzaffarpur ====================================================== Sanjeet Kumar Son of Harishankar Sah Resident Of Village- Asadpur, Maibhra, PS- Goraul, Distt.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivjee Singh, Adv.

For the Opposite Party/s :

Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 08-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in a case instituted for the offence punishable under Section 414 of the Indian Penal Code and Sections 8, 20(b)(ii)(c) of NDPS Act.

3. The prosecution's case, in brief, is that during a routine vehicle check, two accused persons, Raju Kumar and Deepak Kumar, were apprehended. Upon conducting a search, a total of 15.372 kilograms of Ganja like substance was recovered from their possession. During interrogation, they disclosed that the contraband articles had been procured

Patna High Court CR. MISC. No.74717 of 2024(5) dt.08-04-2025 2/3 from co-accused, Jitendra Kumar. Subsequently, a search was conducted at the house of Jitendra Kumar, which led to the recovery of 30.540 kilograms of Ganja. Upon his apprehension, said Jitendra Kumar revealed that he used to bring the Ganja from co-accused Ranjan Sah and the petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Neither the petitioner was apprehended on spot nor anything incriminating has been recovered from his conscious possession. The name of petitioner sprang up in this case on the basis of confessional statement of co-accused Jitendra Kumar, made before the police, which has no evidentiary value in the eye of law. There is no independent witness of the alleged seizure. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer of bail.

6. Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.74717 of 2024(5) dt.08-04-2025 3/3 in the facts and circumstances of the case as there is nothing in the case diary to show the involvement of petitioner in the present case, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Maniyari P.S. Case no. 105 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge II (NDPS), Muzaffarpur, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(S. B. Pd. Singh, J) Nirajkrs/- U T