IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22284 of 2010 NARESH GUPTA Versus STATE OF BIHAR ---------- 02/ 21.07.2010 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is apprehending his arrest in Dhanaha P.S. Case no. 70 of 2009 registered under sections 20, 22 and 23 of the NDPS Act. It is alleged that 5 kgs of Ganja was recovered from Mukesh Tiwari but Mukesh Tiwari alleged that alleged bag was given by this petitioner. It is submitted by learned counsel for the petitioner that Mukesh Tiwari is his neighbour with whom he is inimical term that is why he has implicated him. Earlier he has not been implicated in any NDPS case and admittedly there is no recovery. Though I am not inclined to grant anticipatory bail to the petitioner but this fact is apparent that recovery has not been made from the petitioner which is good ground for regular bail. The anticipatory bail application of the petitioner is dismissed. Let the learned court below consider regular bail of the petitioner and pass appropriate orders considering the fact that recovery has not been made from the petitioner and as submitted there is no case under NDPS Act against the petitioner. It is expected that the learned court below may consider and dispose off regular bail application of the petitioner, if possible, on the - 2 - same day. shahid (Dinesh Kumar Singh, J)