Patna High CourtCR. MISC./81522/2023bail rejected

Chhotu Yadav v. The State Of Bihar

2024-03-05Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81522 of 2023 Arising Out of PS. Case No.-183 Year-2023 Thana- BAUNSI District- Banka ====================================================== Chhotu Yadav Son Of Arjun Yadav Resident Of Village - Babu Barhan Tola Saheb Diyara, P.S. - Munger Muffasil, District - Munger ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Advocate Ms. Devika Rani, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Bounsi P.S. Case No. 183 of 2023, lodged on 27.06.2023, under Sections 8/20(b)(ii)(c)/25/29 of the N.D.P.S. Act.

3. As per the prosecution, total recovery of 301.630 Kgs of Ganja has been the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that petitioner is the driver of the Mini Truck and he is completely unaware that what was loaded in the truck. In the FIR, he has stated that in confessional statement that one Raj Kishore Yadav has asked him to do so and, therefore, he was

Patna High Court CR. MISC. No.81522 of 2023(3) dt.05-03-2024 2/2 driving the truck. Counsel further submits that the truck was seized at 11.30 AM but the seizure-list was prepared at about 4.00 PM. Counsel further submits that petitioner is neither owner nor Khalasi nor the consignee of the articles loaded on the truck. The antecedent of the petitioner is clean. He is in custody since 28.06.2023.

5. Learned counsel for the State opposes the prayer for bail and submits that the Ganja recovered is of commercial quantity, FSL report has been demanded on early occasion and FSL report indicates that the material is narcotic substance.

6. In this background, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is hereby rejected.

(Dr. Anshuman, J) Mkr./- U T