Patna High CourtCR. MISC./86406/2023bail rejected

Ravish Kumar @ Rabish Kumar v. The State Of Bihar

2024-01-30Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86406 of 2023 Arising Out of PS. Case No.-231 Year-2023 Thana- PASRAHA District- Khagaria ====================================================== Ravish Kumar @ Rabish Kumar S/O Anil Yadav Village- Chhoti, Bandehra, Ps. Pasraha, Dist. Khagaria.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Bhim Kumar Yadav, Advocate.

For the Opposite Party/s :

Mr. Umanath Mishra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-01-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Pasraha P.S Case No. 231 of 2023 dated 18.08.2023 for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

4. As per the prosecution case, total 16 litres of codeine phosphate syrup was recovered from the Khaprail house of the petitioner.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case.

Patna High Court CR. MISC. No.86406 of 2023(2) dt.30-01-2024 2/2 The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that the recovery has been made from the house of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the recovery is made from the house of the petitioner, I am of the view that no case for grant of anticipatory bail is made out and the same is rejected with direction to the petitioner to surrender before the Court below concerned within six weeks from the date of this order and the prayer for regular bail and the learned Court below will consider his prayer for regular bail in accordance with law without being prejudiced by this order.

8. The application stands reject.

(Chandra Prakash Singh, J) Nilmani/- U T