← Library
Patna High CourtCR. MISC./46814/2016dismissed

Rajesh Sethi v. The State Of Bihar

2016-11-11Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46814 of 2016 Arising Out of PS.Case No. -89 Year- 2016 Thana -MADANPURA District- AURANGABAD ====================================================== Rajesh Sethi, Son of Shyam Sunder Sethi, resident of Village- Panpos, Chhend Basti, P.S. Raghu Nathapur, Palli, District- Sundergarh (Orrissa). .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Nand Kishore Prasad Sinha For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 11-11-2016 Heard Sri Nand Kishore Prasad Sinha, learned counsel for the petitioner and Sri Shailendra Kumar Singh, learned Addl. Public Prosecutor.

The sole petitioner has prayed for grant of anticipatory bail in Madanpur P.S. Case No.89 of 2016 registered for the offence under Section 20 of the N.D.P.S. Act and Section 47 of the Bihar Excise (Amendment) Act, 2016. It was submitted by learned counsel for the petitioner that it is true that the petitioner is owner of the seized vehicle, in which 108 Kg. of Ganja was recovered, the fact remains that the petitioner was not having any knowledge about carrying of said ganja on his vehicle. He submits that private vehicle of the petitioner was taken away by his driver and the

Patna High Court Cr.Misc. No.46814 of 2016 (2) dt.11-11-2016 2/2 driver was indulged in the offence.

Keeping in view the fact that the petitioner is owner of the vehicle and from his vehicle, huge quantity of ganja was recovered, there is no ground to extend the privilege of anticipatory bail. The petition stands dismissed. (Rakesh Kumar, J) NKS/- U T