Kaimudin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74773 of 2025 Arising Out of PS. Case No.-181 Year-2025 Thana- KOTWA District- East Champaran ====================================================== Kaimudin Son of Gulfan Miyan R/O Vill.- Baltharwa, P.S. - Piprakothi, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-11-2025 Heard Madhurendra Kumar, learned counsel for the petitioner and the State.

2. The petitioner is apprehending arrest in connection with Kotwa P.S. Case No. 181 of 2025 instituted under Sections 8, 17(C) and 18(C) of the NDPS Act lodged on 19.05.2025 by the informant, Rajrup Rai.

3. As per the prosecution story, the Police upon information about the movement of the banned drugs, constituted a team and later one Sompal Kumar @ Sonu Kumar was intercepted. Upon search, 4.07 kgs. opium was recovered/seized from the bag alongwith cash and a mobile. He disclosed that the materials belong to Naresh Sah and Raja

Patna High Court CR. MISC. No.74773 of 2025(2) dt.19-11-2025 2/3 Miya. On the aforesaid information, the Police raided the house of Raja Miya where though he managed to escape, Naresh Sah was arrested. According to him, the articles were purchased from one Shambhu Gupta through Raja Miya and the present petitioner. He further disclosed that upon undergoing imprisonment for 11 years in NDPS case, he has recently come out from jail. Thereafter, the Police raided the house of Shambhu Gupta, arrested and he gave the name of Dhurendra from Nepal who supplied the contraband article. This led to the FIR.

4. Learned counsel for the petitioner submits that a perusal of the FIR would show that a chain has been tried to be created and to complete the chain, he has been named/implicated, the petitioner do not have criminal antecedent.

5. Learned APP, Mr. Jitendra Kumar Singh opposes the prayer submitting that after secret information, the interception/seizure took place, on disclosure, the convicted accused, Naresh Sah was picked up and on his submission, the name of the petitioner has cropped up. He is an active player in the present case.

6. Considering the submissions of the parties as also

Patna High Court CR. MISC. No.74773 of 2025(2) dt.19-11-2025 3/3 the fact that his name is there in the FIR, the recovery/seizure of 4.07 Kgs of opium, in that background, this Court is not inclined to extend him the privilege of anticipatory bail which is accordingly rejected.

(Rajiv Roy, J) Ravi/- U T