Balveer Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7025 of 2025 Arising Out of PS. Case No.-11 Year-2024 Thana- SAKSOHRA District- Patna ====================================================== Balveer Kumar Son of Kapil Yadav Resident of Village- Saidli Maiphrida,P.S.- Rahui, Distt.- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-03-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Saksohra Police Station Case No. 11 of 2024, dated 21.01.2024 registered for the offences punishable under Sections 8(c)/20(B)iiC of the Narcotic Drugs and Psychotropic Substances Act, 1985.

3. The prosecution case, as per the First Information Report, is that the police, during vehicle check, on seeing a person coming on a red-coloured motorcycle carrying a bag in the handle of the said motorcycle, signalled him to stop, upon which the person riding the motorcycle fled away leaving the motorcycle and the bag. On search of the bag, the police recovered 02 kgs of ganja.

4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He

Patna High Court CR. MISC. No.7025 of 2025(2) dt.21-03-2025 2/2 further submits that the petitioner is not named in the First Information Report and he has been implicated in this case on the basis of being the registered owner of the seized motorcycle. He further submit that the petitioner had parked the motorcycle in the market and went to meet his relative and when he came back, he found his motorcycle missing and the nearby people told him that the police had taken away his motorcycle. He further submits that the quantity of ganja recovered from the motorcycle of the petitioner is much less than the commercial quantity, which is 20 kgs.

5. Regards being had to the submissions made on behalf of the parties and taking into consideration the materials on record and the fact that the petitioner is the owner of the motorcycle from which 02 kgs of ganja has been recovered and the quantity of ganja recovered is more than the small quantity, I am not inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, dismissed. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √