Sohar Kumar @ Lalu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57151 of 2023 Arising Out of PS. Case No.-10 Year-2022 Thana- N.C.B (GOVERNMENT OFFICIAL) District- Patna ====================================================== SOHAR KUMAR @ LALU SON OF DASHRATH YADAV R/O-BILLI, P.S.-HALSI, DISTT.-LAKHISARAI ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Union of India through Junior officer N.C.B. Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP.

For Union of India :

Mr. Manoj Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2023 Heard Mr. Anuj Kumar, learned counsel for the petitioner, Mr. Dilip Kumar No.1, learned APP for the State and Mr. Manoj Kumar Singh, learned counsel for the Union of India.

2. The petitioner apprehends his arrest in Special (N.D.P.S.) case arising out of F.No.NCB/PZU/V/10/2022 registered for the offences punishable under Sections 8(c) r/w 20(b)(ii)(C)/25 & 29 of N.D.P.S. Act.

3. Allegedly, 133 kg green brownish colour leafy substance has been recovered from a Tata Mahindra Bolero Pickup. Some co-accused persons were apprehended on the spot. Petitioner is said to be the registered owner of the seized

Patna High Court CR. MISC. No.57151 of 2023(3) dt.12-12-2023 2/3 Tata Mahindra Bolero Pickup.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. No contraband article has been recovered from his possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He is not named in the FIR. His name has been transpired in the present case merely because he is the registered owner of the seized Mahendra Bolero Pick Up Van. He has no concern at all with the alleged seized narcotic substance. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the Union of India opposed the prayer for bail and submitted that petitioner is also involved in the present case as the seized Mahindra Bolero Pickup belongs to the petitioner. It is further submitted that there is serious allegation against the petitioner to be involved in the trafficking of recovered Ganja from Odissa to Patna via Jharkhand, Nawada, hence he does not deserve anticipatory bail.

6. Considering nature of the offence, I am not inclined to

Patna High Court CR. MISC. No.57151 of 2023(3) dt.12-12-2023 3/3 enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected.

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