Golden Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 10241 of 2016 Arising out of P.S. Case No. - 144 Year - 2013 Thana - DURGAWATI District - BHABHUA (KAIMUR) ====================================================== Golden Upadhyay, Son of Bhola Upadhayay, Resident of Village - Dal Sagar, P.S. - Buxar Audhogik, District - Buxar .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sunil Kumar Mishra, Advocate For the Opposite Party : Mr. Dinesh Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-07-2016 Heard both sides.

The petitioner seeks regular bail in Durgawati P.S. Case No. 144 of 2013 registered for the offences punishable under Sections 20 (b) (ii), 21, 22, 25 and 27(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The petitioner is the driver of truck no. UP-60T 1882 from which 19 bags of Ganja were recovered.

Learned counsel for the petitioner submits that the petitioner is the driver of the truck. He did not know that Ganja was loaded on the truck. The owner of the truck did not appear. Petitioner lost his job and he is in jail since three years.

It appears that commercial quantity of Ganja was recovered from the conscious possession of the petitioner. Hence, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

Kundan (Prabhat Kumar Jha, J.) U T