Uma Shankar Kumar @ Uma Shankar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3296 of 2022 Arising Out of PS. Case No.-171 Year-2018 Thana- JOGBANI District- Araria ====================================================== Uma Shankar Kumar @ Uma Shankar Son of Sri Pankaj Thakur Resident of Uttari Mandiri, P.S.- Budha Colony, District- Patna, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-07-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Jogbani (Bathnaha) P.S. Case No. 171 of 2018 corresponding to Special Case No. 13 of 2018, registered for the offences punishable under Sections 21, 22 and 23 of the Narcotic Drugs and Psychotropic Substances Act.

As per the prosecution case, 3.440 KG. of Charas has been recovered from a bus of which this petitioner was driver. It is submitted on behalf of the petitioner that nothing has been recovered from conscious possession of this petitioner. During course of investigation, the Cleaner of bus has stated that it was some passenger who kept the alleged Charas in the bus. Petitioner has got no knowledge about the narcotic

Patna High Court CR. MISC. No.3296 of 2022(2) dt.26-07-2022 2/2 substance which was being transported by the bus in question and he was simply following the instruction of owner of vehicle. Mandatory provision of search and seizure has not been followed Counsel for the State however, vehemently opposed the prayer for bail and submitted that more than commercial quantity of Charas has been recovered from the bus of which this petitioner was driver.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) vinita/- U T