Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49130 of 2015 Arising Out of PS.Case No. -59 Year- 2015 Thana -SAHEBPUR KAMAL District- BEGUSARAI ======================================================

1. Gautam Kumar Son of Late Hari Shankar Prasad Yadav Resident of Village Kumharchakki Rahimpur, Police Station Muffasil, District Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vivekanand Singh For the Opposite Party/s : Mr. M. Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 04-11-2015 Heard Mr. Vivekanand Singh for the petitioner and Mr. M. Dayal, APP for the State.

Petitioner is facing accusations under Sections 20, 22, 23 and 25 of the Narcotic Drug and Psychotropic Substances Act. On secret information, the police searched the parked vehicle belonging to the petitioner and recovered 25 kg. of ganja. Contention of the petitioner is that he is the owner of the vehicle and was not seen at the place of occurrence. Petitioner has been named merely on suspicion.

Learned APP opposed the prayer of anticipatory bail and submitted that from the vehicle belonging to the petitioner, the ganja was recovered.

Considering the allegation, I am not persuaded to privilege the petitioner with anticipatory bail. Prayer is rejected. If the

Patna High Court Cr.Misc. No.49130 of 2015 (2) dt.04-11-2015 2/2 petitioner surrenders and prays for regular bail, the Court below shall consider the same on its own merit unprejudiced by the present order.

(Kishore Kumar Mandal, J) Pankaj/- U T