Anticipatory bail application by a petitioner apprehending arrest in a drugs case registered under the Drugs and Cosmetics Act, in which recovery was allegedly made from his vehicle. The court found the nature of allegations did not warrant bail and rejected the prayer.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2633 of 2023
Arising Out of PS. Case No.-162 Year-2022 Thana- KUCHAIKOTE District- Gopalganj
======================================================
PUSHPENDRA SINGH Son of Chhatar Singh R/o Plot No. 3, Balaji Bihar, 42 Badarna Khepura, Jaipur, P.S.- Lakhanpur, District- Jaipur
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Satyendra Rai For the Opposite Party/s : Mr.Rajendra Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
2 08-05-2023
Heard learned counsel for the petitioner and learned
counsel for the State.
Petitioner apprehends arrest in connection with Kuchaikote P.S. Case No. 162 of 2022 registered for the offence under sections 27(b)(ii), 27(d), 28 Drugs and Cosmetic Act, 2008.
Learned counsel for the petitioner submits that petitioner has not committed any offence as alleged in the first information report and he has been falsely implicated in this case. Nothing has been recovered from the conscious possession of this petitioner. Petitioner has no criminal antecedent.
Learned Adll. P.P. appearing for the State opposes the prayer for bail and submits that petitioner is the owner of the vehicle from which the alleged recovery has been made. The
Patna High Court CR. MISC. No.2633 of 2023(2) dt.08-05-2023 2/2
petitioner, therefore, does not deserve to be granted the privilege of anticipatory bail.
Considering the nature of allegations levelled and the submissions advanced on behalf of the parties, this Court is not inclined to grant anticipatory bail to the petitioner. His prayer for bail is, accordingly, rejected.
(Arvind Srivastava, J)
mcv/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest in Kuchaikote P.S. Case No. 162 of 2022 under sections 27(b)(ii), 27(d) and 28 of the Drugs and Cosmetics Act.
3 provisions across 1 enactments
Pushpendra Singh
The State of Bihar
Arvind Srivastava
As recorded by the court registry
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