Vijay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2441 of 2024 Arising Out of PS. Case No.-532 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== Vijay Kumar Son Of Shivnarayan Mandal Resident Of Village- Kharhat, Ward No 02, Giddhwas, Police Station- Araria R.S., District- Araria ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rabindra Kumar Priyadarshi For the Opposite Party/s :
Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 379, 414, 420, 34 of the Indian Penal Code and Section 21 (c) of the NDPS Act.
3. Petitioner along with other accused persons are said to have indulged in illegal possession and transportation of huge quantity of prohibited codeine containing cough syrup along with huge quantity of prohibited intoxicated Nitravel tablets.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious or unconscious possession of the petitioner and even the seizure list was prepared in the absence of driver with whom the
Patna High Court CR. MISC. No.2441 of 2024(2) dt.08-02-2024 2/2 petitioner had handed over the key to run the vehicle as a taxi. He submits that the petitioner is the owner of the seized vehicle on that basis he has been made accused in this case. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State opposes the prayer for bail.
6. Considering the nature of offence, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Forbesganj P.S. Case No. 532 of 2022.
(Anjani Kumar Sharan, J) devendra/- U T