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Patna High CourtCR. MISC./30342/2018rejected

Malitary Kumar @ Mukesh Singh v. The State Of Bihar

2018-07-31Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30342 of 2018 Arising Out of PS.Case No. -44 Year- 2018 Thana -KHUSRUPUR District- PATNA ======================================================

1. Malitary Kumar @ Mukesh Singh S/o Nand Kumar Singh @ Nand Yadav R/o Vill. - Mosimpur, P.S. - Khusrupur, District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rajeev Ranjan For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-07-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Special Case No.17 of 2018 arising out from Khusrupur Case no.44 of 2018 dated 14.3.2018 registered for offences punishable under Sections 20/22 of N.D.P.S. Act..

Allegation against the petitioner as per FIR is about recovery of 500 gram Ganja from the co-accused and the petitioner succeeded in fleeing away and he is named in the FIR. Submission of the learned counsel for the petitioner is that except disclosure by the co-accused there is nothing against the petitioner and he has no criminal antecedent. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.30342 of 2018 (4) dt.31-07-2018 2/2 circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioner rather let the petitioner surrender before the learned court below within a period of four weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned court below on its own merit and dispose of the same if possible on the same day. With the aforesaid direction, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U T