Vidyanand Mandal @ Bidhanand Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17322 of 2023 Arising Out of PS. Case No.-209 Year-2022 Thana- KURSAILA District- Katihar ====================================================== Vidyanand Mandal @ Bidhanand Mandal Son Of Late Lakhan Lal Mandal Resident Of Village - Dakhin Maheshwari, Ward No.- 8, P.S.- Jogbani, District - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-09-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 20, 22 of the N.D.P.S. Act.

There is recovery of 42 Kg 300 grams of Ganja from a car and four persons including the petitioners were arrested.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Though the petitioner is

Patna High Court CR. MISC. No.17322 of 2023(5) dt.11-09-2023 2/3 owner of the seized vehicle from which the Ganja was recovered but that vehicle was given on rent by the petitioner and the petitioner being driver and owner of the vehicle had no knowledge about the contraband being carried in his vehicle. The petitioner has no concern with the seized contraband. The petitioner is languishing in custody since 26.10.2022.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that petitioner is owner of the vehicle through which the Ganja was being carried and the petitioner had full knowledge about the contraband. The recovery comes within the commercial quantity and the petitioner was apprehended along with the contraband with other accused persons.

Considering the facts aforesaid, this Court is not inclined to grant bail to the petitioner. The prayer for grant of bail to the petitioner stands rejected.

Patna High Court CR. MISC. No.17322 of 2023(5) dt.11-09-2023 3/3 The Trial Court is directed to expedite the trial and conclude the same at the earliest.

(Sunil Kumar Panwar, J) Shageer/- U T