Yogesh Ishwar Lal Shethna @ Yogesh Shethna @ Yogesh J. Shethna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28278 of 2021 Arising Out of PS. Case No.-325 Year-2020 Thana- CHAKIA District- East Champaran ====================================================== Yogesh Ishwar Lal Shethna @ Yogesh Shethna @ Yogesh J. Shethna S/O Ishwar Lal Shethna R/O 14, Swagat Society, Kastur Park, Shimpoli Road, Borivali, West, Mumbai, Maharashtra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binay Kant Mani Tripathi, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No.2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 20, 22 and 24 of the NDPS Act.

It is a case of recovery of about 52 packets of charas weighing 25.434 kgs. from a Maruti Swift Dzire Car bearing registration no. MH-47N-4165 which belongs to the petitioner. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that the there is no recovery from the conscious or constructive possession of the petitioner and also the petitioner has not been arrested with the incriminating material.

Patna High Court CR. MISC. No.28278 of 2021(11) dt.16-05-2022 2/2 Learned APP appearing for the State has opposed the prayer for anticipatory bail and submitted that the petitioner is the owner of the said vehicle in question wherein the said incriminating material of Charas was recovered. After considering the aforesaid facts, I am not inclined to grant anticipatory bail to the petitioner. Prayer for anticipatory bail is rejected.

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