Patna High CourtCR. MISC./54497/2024rejected

Sanjeet Giri v. The State Of Bihar

2024-12-13Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54497 of 2024 Arising Out of PS. Case No.-732 Year-2020 Thana- MASAUDHI District- Patna ====================================================== Sanjeet Giri Son of Bijay Giri Resident of Village - Dudhi Chak, P.S.- Masaurhi, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-12-2024 Heard Mr. Anuj Kumar, learned counsel for the petitioner and Mr. Satyendra Narayan Singh, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Masaurhi P.S. Case No. 732 of 2020, F.I.R. dated 04.12.2020 registered for the offences punishable under Sections 20, 22 of the NDPS Act.

3. The case relates to recovery of 300 grams of ganja.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that as per allegation in the F.I.R. that nothing has been recovered from the conscious possession or the house of the petitioner rather recovery has been made from the house of co-accused person and he has been

Patna High Court CR. MISC. No.54497 of 2024(3) dt.13-12-2024 2/2 made accused in the present case on the basis of disclosure made by local choukidar as well as other co-accused persons.

5. Learned APP for the State, on the other hand, vehemently opposed the prayer for anticipatory bail of the petitioner and submits that it appears from the supplementary affidavit that the petitioner is a habitual of NDPS matter and apart from the present, two other cases are pending against the petitioner i.e. Masaurhi P.S. Case No. 301 of 2016 as well as Masaurhi P.S. Case No. 606 of 2021.

6. Considering the aforesaid facts and circumstances of the case, this is not a fit case for grant of anticipatory bail to the petitioner and hence I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Masaurhi P.S. Case No. 732 of 2020 pending in the Court of learned Chief Judicial Magistrate, Patna.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Ibrar//- U T