Dismissed

Sunny Kumar v. The State of Bihar

Patna HC20 Feb 2020CR. MISC./79567/2019

Case brief

AI extract

What is this about?

In an anticipatory bail application under the NDPS Act, the Court declined the prayer due to a brother's statement establishing the petitioner's occupation of the seized premises. The Court directed the petitioner to surrender within six weeks to obtain regular bail.

What did the court decide?

Prayer for anticipatory bail dismissed; regular bail available upon surrender within six weeks.

Sunny Kumar Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.79567 of 2019

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Arising Out of PS. Case No.-546 Year-2019 Thana- RAMKRISHNANAGAR District- Patna

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======================================================

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SUNNY KUMAR S/O- Sri Vijay Singh R/V- Amera, P.S. - Tharthari, Distt.Nalanda.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar Sinha, Adv. For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER

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2 20-02-2020

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Heard learned counsel for the petitioner and the

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State.

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The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 20, 22, 24 of the NDPS Act.

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The prosecution case is that 6 Kg 400 grams Ganja were recovered from a house rented by Gollu Kumar @ Bhawani Singh. During investigation, Gollu Kumar, disclosed that his younger brother namely, Sunny Kumar and cousin, Gaurav Kumar were living in the rented house.

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It is submitted by learned counsel for the petitioner that the said recovery cannot be treated from the conscious physical possession of the petitioner and the recovery is between the small and commercial quantity. A statement has

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Patna High Court CR. MISC. No.79567 of 2019(2) dt.20-02-2020 2/2

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been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

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Considering the statement of the brother of the petitioner to the effect that the place of seizure was in occupation of the petitioner, this Court is not inclined to consider the prayer for anticipatory bail of the petitioner.

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Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Special Case No.92 of 2019, Ram Krishna Nagar P.S. Case No.546 of 2019, pending before the learned Sessions Judge-cum-Special Judge, Patna.

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With the above observation, this application is, accordingly, disposed of.

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(Dinesh Kumar Singh, J)

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Ashwini/-

¶24

U T

Sunny Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sunny Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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