Chandan Kumar Sah @ Pikku Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78366 of 2019 Arising Out of PS. Case No.-259 Year-2019 Thana- JOGBANI District- Araria ====================================================== CHANDAN KUMAR SAH @ PIKKU SAH S/o Umesh Prasad Sah R/o village- Indranagar, Tikuliya, Ward No. 09, P.S.- Jogbani, Distt.- Araria ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-12-2019 Heard learned counsel for the parties.

Petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a), 38(i) of the Bihar Prohibition and Excise Act, 2016 and Section 27(b)(ii)/28 R.W and Section 36 of Drugs & Cosmetic Act.

Informant who is police officer in his written report has stated that on receiving secret information on 07.09.2019 at about 11:30 pm that one Umesh Prasad Sah is indulged in the business of drugs and cough syrup, he along with police personnel raided the house of Umesh Prasad Sah from where three persons after seeing the police party started fleeing away, however, after chase one was apprehended and two other managed to flee away, and the apprehended accused disclosed his name as Raja Kumar and the name of persons who fled away

Patna High Court CR. MISC. No.78366 of 2019(2) dt.02-12-2019 2/2 as Chandan Kumar Sah and Umesh Prasad Sah.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to village politics. Nothing has been recovered from the possession of the petitioner.

Considering the fact that there is allegation against the petitioner of being involved in the sale and purchase of drugs and intoxicant cough syrups, I am not inclined to enlarge the petitioner on anticipatory bail.

Hence, the prayer for anticipatory bail of the petitioner is hereby rejected.

However, it is observed that if petitioner surrenders before the court below and prays for regular bail, his application for regular bail will be considered and disposed of preferably on the same day, without being prejudiced by this order. (S. Kumar, J) ranjan/- U