Sintu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.705 of 2025 Arising Out of PS. Case No.-748 Year-2022 Thana- KOTWALI District- Patna ====================================================== Sintu Kumar Yadav S/O Naresh Yadav R/O Village- Naya Tola Jurabganj, PsKorha, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Kotwali P.S. Case No. 748 of 2022, instituted for the offences under Sections 401, 414, 419, 420, 467, 468, 471/34 of the Indian Penal Code read with Sections 25(1-B)(a), 26 and 35 of the Arms Act, Sections 8(c) and 21(b) of the NDPS Act. 3.

Prosecution allegation, in short, is that there is recovery of total 12.77 gm of smack in this case and one country made pistol from co-accused person out of which 3.64 gm smack has been recovered from the possession of this petitioner.

4.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.705 of 2025(3) dt.05-03-2025 2/3 petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case as well as charge has also been framed against the petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits that the petitioner has got no concern with the alleged recovery of arms and smack. The recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 21.11.2022 and has got fifteen criminal antecedents. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act. Other co-accused has been granted bail by this Court vide order dated 03-03-2025, passed in Cr. Misc. No. 11379 of 2025.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, the recovered contraband being below the commercial quantity and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of

Patna High Court CR. MISC. No.705 of 2025(3) dt.05-03-2025 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Kotwali P.S. Case No. 748 of 2022, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T