Patna High CourtCR. MISC./84039/2019bail rejected

Kailash Singh Bhokta @ Kailash Singh @ Kailash Singh Bhogta v. The State Of Bihar

2019-12-18Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84039 of 2019 Arising Out of PS. Case No.-171 Year-2019 Thana- BARACHATTI District- Gaya ====================================================== Kailash Singh Bhokta @ Kailash Singh @ Kailash Singh Bhogta, aged about 32 years, Male, Son of Ram Sevak Singh Resident of Village- Baniya Bandh, P.O.- Laralutudag, P.S.- Rajpur, Dist- Chatra (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Barachaty P.S. Case No. 171 of 2019 registered for offences under sections 18/20/22 of the N.D.P.S. Act.

As per allegation, huge quantity of opium (Afeem) has been recovered from the house of the petitioner. Learned counsel for the petitioner submits that the police party along with Magistrate including Police Superintendent cum S.H.O., Barachatty went to the village and raided different houses but, the story is a parrot like story as there is no deviation in the statement. He further submits that

Patna High Court CR. MISC. No.84039 of 2019(2) dt.18-12-2019 2/2 the seizure list does not contain signature of the petitioner which is in violation of 100 of the Cr.P.C.

Looking to the nature of allegation as also considering entire facts and circumstances of the case, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

Accordingly, the prayer for bail of the petitioner, above named, is rejected.

If the petitioner surrenders before the court below within a period of four weeks from today and makes a prayer for bail, the court below, without being prejudiced by this order, will pass orders in accordance with law.

(Shivaji Pandey, J) rishi/- U T