Videsh Rai @ Videsh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33197 of 2021 Arising Out of PS. Case No.-222 Year-2020 Thana- ATHMALGOLA District- Patna ====================================================== VIDESH RAI @ VIDESH YADAV S/o Ram Dev Rai R/o Mohalla- Naya Tola Sabnima, P.S.- Athmal Gola, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 34769 of 2021 Arising Out of PS. Case No.-222 Year-2020 Thana- ATHMALGOLA District- Patna ====================================================== RAM PRAVESH RAI Son of Shiv Balak Rai Resident of Village Dakshini Chak P.S. - Athmal Gola, District - Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 33197 of 2021) For the Petitioner/s :

Mr.Ashok Kumar Mishra, Adv For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP (In CRIMINAL MISCELLANEOUS No. 34769 of 2021) For the Petitioner/s :

Mr.Ashok Kumar Mishra, Adv For the Opposite Party/s :

Mr.Ashok Kumar, APP Mr. Rajendra Nath Jha, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-07-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable under sections 8 (c)/20 (b) (ii) B/22/27 (A) of the N.D.P.S. Act.

The allegation against the petitioners is that they are involved in the transportation of ganja. There is a recovery of

Patna High Court CR. MISC. No.33197 of 2021(3) dt.25-07-2022 2/2 2.010 kg of ganja from a white car.

It is submitted by learned counsel for the petitioners that petitioner are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is submitted that the name of the petitioners came through the statement of co-accused. Petitioners have no concern with the car or with the seized car. Petitioner namely Videsh Rai @ Videsh Yadav has one criminal antecedent and petitioner Ram Pravesh Rai has no criminal antecedent which is also stated in paragraph 3 of the bail application. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case and considering the quantity of recovery, I am not inclined to grant bail to the petitioners. The prayer for grant of anticipatory bail on their behalf is hereby rejected.

This application is accordingly, dismissed.

(Anjani Kumar Sharan, J) shikha/- U T