Raj Kishore Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83969 of 2023 Arising Out of PS. Case No.-183 Year-2023 Thana- BAUNSI District- Banka ====================================================== RAJ KISHORE YADAV S/O JAGDISH YADAV RESIDENT OF SOUTH RAHIMPUR TOLA MATHAR DIYARA WARD NO. 11, P.S.- MUFASSIL, DISTRICT- KHAGARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shantanu Kumar For the Opposite Party/s :

Mrs.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner is apprehending his arrest in connection with Bounsi P.S. Case No.183 of 2023, registered for the offence punishable u/s 8/20(b), (ii)(c), 25, 29 of NDPS Act. 3.

Allegedly, police has seized 301 kg of Ganja (contra band) from the truck of the petitioner and the driver and the khalasi were apprehended on the spot.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case merely on suspicion. No incriminating article has been apprehended from the conscious physical possession of the petitioner. He has been made accused in this case only on the basis that the said

Patna High Court CR. MISC. No.83969 of 2023(2) dt.11-01-2024 2/2 recovery has been made from his truck but the real fact is that his vehicle is a commercial vehicle and is used by the driver for loading and unloading of assets of the customers and the petitioner had no knowledge regarding loading of the contra band article on his truck. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Considering the aforesaid facts and circumstances and considering the nature of offence, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

This application is accordingly dismissed.

8.

However, petitioner is at liberty to surrender before the learned Court below within a period of six weeks and seek regular bail and the learned Court below would pass order, preferably, on the same day, in accordance with law, considering that the truck of the petitioner was a commercial vehicle and the driver and the khalasi were apprehended on spot while no recovery has been made from the possession of the petitioner. (Anjani Kumar Sharan, J) pallavi/- U T