Lal Dev Yadav @ Lal Dev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1696 of 2025 Arising Out of PS. Case No.-95 Year-2024 Thana- DHANGAI District- Gaya ====================================================== Lal Dev Yadav @ Lal Dev Kumar S/O Ganesh Yadav Village- Amukhap PSDhangai District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Sinha, Adv.

Mr. Sudhir Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 05-02-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Dhangai P.S. Case No. 95 of 2024 dated 10.10.2024 registered for the offence punishable under Sections 8, 17(c) and 18(c) of the N.D.P.S. Act.

3. The allegation is of recovery of 13.5 kg Doda like substance and 3.7 Kg Posta seeds from the agricultural field.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that during search co-accused

Patna High Court CR. MISC. No.1696 of 2025(2) dt.05-02-2025 2/3 Dasrath Yadav was arrested, who disclosed the name of the petitioner. The petitioner has been made accused only on the basis of disclosure made by apprehended Dasrath Yadav, who happens to be uncle of the petitioner. It is submitted that nothing has been recovered either from conscious possession of the petitioner or from his house rather the seized articles were recovered from agricultural field. Lastly, it has been submitted that the petitioner is in custody since 11.10.2024, having two criminal cases against him and charge-sheet has been submitted in the case.

5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, NDPS Act, Gaya in connection with Dhangai P.S. Case No. 95 of 2024, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and

Patna High Court CR. MISC. No.1696 of 2025(2) dt.05-02-2025 3/3 shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Khatim Reza, J) prabhat/- U T