Javed Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61897 of 2021 Arising Out of PS. Case No.-105 Year-2021 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== Javed Alam S/o Md. Nur Alam R/o Village- Dadar, P.S.- Mohania, DistrictKaimur at Bhabua. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 28-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, as pointed out by the office be removed within four weeks from today.

In the present case, the petitioner seeks bail in connection with N.D.P.S. Case No. 13 of 2021 arising out of Durgawati P.S. Case No. 105 of 2021 registered for the alleged offences under Sections 8(C), 20(b)(ii)c, 27(A) and 29 of the N.D.P.S. Act.

The allegation against the petitioner is that about 205 Kgs. of Ganja was recovered from the vehicle of the petitioner and he is said to be driver of that vehicle.

The learned counsel for the petitioner submits that petitioner is innocent and he has no idea about the nature of

Patna High Court CR. MISC. No.61897 of 2021(5) dt.28-06-2022 2/3 goods which were being loaded on his vehicle. He was just told by the co-accused persons that some goods have arrived by truck and he had to load it on his van for further distribution. When the police party arrived, other co-accused persons fled away but the petitioner did not try to escape and he has caught. This shows that the petitioner has no knowledge about contraband being loaded on the vehicle. He is merely a victim of circumstances. Learned counsel further submits that owner of the vehicle Ms. Sangeeta Kumari has been granted privilege of anticipatory bail vide order dated 11.04.2022 passed in Criminal Misc. No. 55293 of 2021. The petitioner is in custody since 15.05.2021 Learned A.P.P. for the State has opposed the prayer of bail made on behalf of the petitioner. Learned A.P.P. submits that huge quantity of Ganja has been recovered from the vehicle of which the petitioner was driver and he was apprehended from the spot.

Having regard to the submissions made hereinabove and considering the fact that 205 Kgs. of Ganja was recovered of which petitioner is stated to be driver. I do not think that the case of the petitioner is on same footing with the co-accused Sangeeta Kumari (lady owner of the vehicle). Further,

Patna High Court CR. MISC. No.61897 of 2021(5) dt.28-06-2022 3/3 admittedly it was the petitioner who contracted for loading of the contraband, I do not think it is a fit case of grant of bail. Hence, the prayer for bail of the petitioner is rejected. Learned Court below is directed to expedite the trial and conclude the same within one year. In case the trial is not concluded within the stipulated period, the petitioner may renew his prayer for bail.

(Arun Kumar Jha, J) ved/- U T