Vinod Kumar @ Binod Kumar Sah v. The Union Of India Through Narcotic Control Bureau Bihar Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56317 of 2023 Arising Out of PS. Case No.-30 Year-2021 Thana- N.C.B (GOVERNMENT OFFICIAL) District- Aurangabad ====================================================== Vinod Kumar @ Binod Kumar Sah S/O Jaglal Sah R/O Village - Jamsona, P.S. - Dawath ... ... Petitioner/s
Versus
The Union Of India Through Narcotic Control Bureau Bihar Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shankar Kumar, Adv For the Opposite Party/s :
Mr.Dr. Krishna Nandan Singh (Asg) For the Union of India Mr. Shail Kumari, Advocate Mr. Sadanand Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner, learned counsel for the Informant and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 8 C, 20 (b) (ii) (c), 25 and 29 of the Narcotics Drugs and Psychotropic Substance Act.
3. As per the prosecution case, the NCB has seized 374 Kg, Ganja from the truck and driver of the said truck was apprehended and he disclosed the name of the petitioner and other co-accused persons. Allegation against the petitioner is that he escorted with the contraband articles.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.56317 of 2023(2) dt.15-09-2023 2/2 petitioner is innocent and has falsely been implicated in this case. He submits that no specific overt act has been attributed against the petitioner. Nothing has been recovered from conscious possession of the petitioner and he has no concern with the seized Ganja. He submits that petitioner has clean antecedent.
5. Learned APP for the State opposing the prayer for bail.
6. Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with NCB Case No. 30 of 2021, corresponding to G.R.No. 25 of 2021, pending in the court of learned Special Judge, ( NDPS) cum 1st Additional Sessions Judge, Aurangabad, Bihar. (Anjani Kumar Sharan, J) N.K/- U T