Patna High Court - Orders
Kunal Jha @ Kunal Kishore Jha vs The State Of Bihar on 23 April, 2025
Author: Satyavrat Verma
Bench: Satyavrat Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19225 of 2025
Arising Out of PS. Case No.-91 Year-2024 Thana- KUNAULI District- Supaul
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Kunal Jha @ Kunal Kishore Jha Son of Kamlanand Jha Resident of Village -
Kamalpur, P.S. - Kunauli, District - Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Pramod Mishra- Advocate
For the Opposite Party/s : Mr.Chandra Bhushan Prasad- A.P.P.
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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-04-20251. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in NDPS Case No.81 of 2024 arising out of Kunauli P. S. Case No.91 of 2024 registered for the offences punishable under Sections 21(C), 22(C), 25 and 29 of the NDPS Act.
3. The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and allegation is of recovery of 12 litres of Onerex cough syrup (Codeine Phosphate and Triprolidine Hydrochloride) from Krishna Kumar, who was apprehended and disclosed the name of the petitioner.
4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be Patna High Court CR. MISC. No.19225 of 2025(2) dt.23-04-2025 2/2 implicated based on confessional statement of Krishna Kumar in police custody, which does not have any evidentiary value. It is also submitted that even codeine syrup was recovered from Krishna Kumar.
5. Learned A.P.P. Sri Chandra Bhushan Prasad vehemently opposes the anticipatory bail application and submits that the case has been instituted under the NDPS Act. It is further submitted that these days in the State of Bihar, the supply of codeine syrup is on the rise for obvious reason and small children are getting addicted.
6. Considering the submissions made by the learned A.P.P., the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.
7. The prayer of the petitioner for anticipatory bail stands rejected.
(Satyavrat Verma, J) vikash/-
U T