Patna High CourtCR. MISC./81766/2024bail rejected

Jitendra Kumar v. The State Of Bihar

2024-12-16Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81766 of 2024 Arising Out of PS. Case No.-340 Year-2023 Thana- NADI P.S. District- Patna ====================================================== JITENDRA KUMAR S/O RAMJALAM RAI RESIDENT OF VILLAGEJETHULI, P.S.-NADI, DISTRICT-PATNA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-12-2024

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Nadi P.S. Case No. 340 of 2023 registered under Section 8, 20(b)(ii)(B) of the N.D.P.S. Act.

3. The prosecution case in brief is that on 11.10.2023 at 07:45 A.M. while the informant was on patrolling duty he received secret information that the petitioner- Jitendra Kumar is carrying a bag containing "Ganja" and coming towards Deedarganj, upon which the Police reached at the place of occurrence and recovered 04 kg of "Ganja" from the said bag but the petitioner managed to flee away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence in the manner alleged. He submits that the petitioner is not involved

Patna High Court CR. MISC. No.81766 of 2024(2) dt.16-12-2024 2/2 in the trade of "Ganja" and "Ganja" in question has not been recovered from the conscious possession of the petitioner. He next submits that the petitioner works in the Department of Education, Government of Bihar and he was on duty on the said date and time of occurrence. The petitioner has got no criminal antecedent.

5. Regard being had to the submission made by the parties, taking into consideration the fact that 04 Kg "Ganja" has been recovered and the petitioner has been identified by the local villagers as the person who fled away from the crime scene, as such, I am not inclined to grant anticipatory bail to the petitioner. The prayer for the same is rejected.

6. However, if the petitioner surrenders before the court below and seeks regular bail, the court below shall consider the regular bail application on merit without being prejudiced by the fact that the present anticipatory bail application has been rejected by this court.

(Anil Kumar Sinha, J) praful/- U T