Bhag Narain Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53701 of 2023 Arising Out of PS. Case No.-126 Year-2022 Thana- MOHAMMADPUR District- Gopalganj ====================================================== BHAG NARAIN YADAV SON OF PHULENA YADAV R/O VILLAGEBAJHIYA KALA, P.S- KOTWA, DISTT.- EAST CHAMPARAN (MOTIHARI).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Pandey For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-12-2023

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Mohammadpur P.S. Case No. 126 / 2022 registered for the offence under Sections 414, 34 of the I.P.C. and Section 20 (b) (II) (c), 22 (c), 23 (c) and 29 (I) of the N.D.P.S. Act.

3. As per the First Information Report a total quantity of 53.5 K.G. Ganja has been recovered from the vehicle owned by the petitioner, which was being driven by his son.

4. Learned counsel for the petitioner submits that petitioner was not aware about the fact that Ganja was being carried in the vehicle owned by him. The son of the petitioner had taken the vehicle for some other purpose and Ganja has been recovered, belonging to one Aditya Tiwary.

Patna High Court CR. MISC. No.53701 of 2023(4) dt.20-12-2023 2/2

5. Having heard learned counsel for the parties, taking into consideration the fact that petitioner is the owner of the vehicle, which was being driven by his son, as such knowledge and control of the petitioner over the seized contraband can't be ruled out. The commercial quantity of Ganja has been recovered from the vehicle owned by the petitioner, I am not inclined to grant anticipatory bail to the petitioner.

6. The application is rejected.

(Anil Kumar Sinha, J) praful/- U T