Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89967 of 2024 Arising Out of PS. Case No.-175 Year-2024 Thana- KASBA District- Purnia ====================================================== Suraj Kumar Son of Pramanand Thakur Resident of Village - Ram Tola, Balwahi, Post - Khokha, P.S.- Srinagar, District - Purnea. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Advocate Mr. Vijay Anand, Advocate Mr. Roop Kishan, Advocate For the Opposite Party/s :
Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-02-2025 Heard Mr. N.K. Agrawal, learned Senior Counsel for the petitioner and Mr. Uma Shankar Prasad Singh, learned APP for the State.
2. The petitioner is apprehending arrest in connection with Kasba P.S. Case No. 175 of 2024 instituted under Sections 8(c)/21(c)/25 of the N.D.P.S. Act lodged on 28.07.2024 by the informant, Shambhu Prasad.
3. As per the prosecution story, the informant alleged that on 28.07.2024, the Police in course of regular checking, intercepted a white colour Pick Up Van, while one person managed to escape, the other was apprehended. He was Md. Sakir and the vehicle was of Ashok Paswan and upon query and search, 40 cartons of 25 bottles each (100 ml.) totaling 600
Patna High Court CR. MISC. No.89967 of 2024(2) dt.27-02-2025 2/2 codeine cough syrup recovered/seized. As she failed to provide any document, arrested and FIR. The name that cropped up includes this petitioner who is the person providing the materials as per the allegation.
4. Learned Senior Counsel submits that nothing has been recovered from his conscious possession, the name has come in the confession of other accused person and his mother is suffering from cancer.
5. Learned APP on the other hand opposes the prayer submitting that a perusal of learned Sessions Judge order would show that he had an important role of providing the material which was being transported. Others have been denied relief and in that background, granting anticipatory bail to the petitioner is not feasible.
6. Having gone through the facts of the case and the role, the petitioner has played coupled with the fact that he has criminal antecedent of the same nature, in that background, the anticipatory bail cannot be granted to him.
7. The same is accordingly rejected.
(Rajiv Roy, J) Ravi/- U T