Dhanai Sah @ Vidya Sagar v. The State Of Bihar

Patna High Court Cr.Misc. No.32207 of 2017 (02) dt.13-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32207 of 2017 Arising Out of PS.Case No. -263 Year- 2016 Thana -GOPALGANJ TOWN District- GOPALGANJ ======================================================

1. Dhanai Sah @ Vidya Sagar, Son of Prabhu Sah, Resident of VillageRampur Madho, Police Station-Kuchaikot, District-Gopalganj, Presently reside at Village-Bhairopatti, POlice Station-Mirganj, District-Gopalganj at his Sasural.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bindhyachal Singh-Advocate Mr. Avinash Kumar-Advocate For the Opposite Party/s : Mr. Sri Nand Kumar-A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

It has been submitted on behalf of petitioner that apprehension of petitioner at the spot is indicative of the fact that he was not aware with regard to transportation of Ganja by a car wherein he was present. Furthermore, it has also been submitted that petitioner has got no criminal antecedent and is under custody since 24.06.2016. So, submitted that petitioner be released on bail. On the other hand, learned Additional Public Prosecutor opposed the prayer.

On confidential information, a car was intercepted while occupied by three persons, out of whom, one managed to

Patna High Court Cr.Misc. No.32207 of 2017 (02) dt.13-07-2017 escape while two were apprehended, out of whom, petitioner is one of them. The Ganja in huge quantity as detailed comprising 56 packets were seized there from. Culpability of mental state is there whereupon, prayer for bail is rejected.

(Aditya Kumar Trivedi, J) Vikash/- U T