Lalan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4410 of 2025 Arising Out of PS. Case No.-391 Year-2024 Thana- ADAPUR District- East Champaran ====================================================== Lalan Yadav S/O Vidya Rai R/O Villgae- Laxmipur Bhathahiya, P.s- Aadapur, District - East Champaran , Motihari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar, Adv.
For the Opposite Party/s :
Ms.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Aadapur P.S. Case No. 391 of 2024 instituted for the offences under Sections 8, 20(b)iiB of the N.D.P.S. Act.
3. As per prosecution case, the police has recovered total 03 Kg. 600 Grams Ganja from the the possession of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence at all as alleged against him rather he has falsely been implicated in the present case only due to village politics as also with a view to cause harassment. He further submits that nothing incriminating
Patna High Court CR. MISC. No.4410 of 2025(2) dt.04-02-2025 2/3 has been recovered from the conscious/physical possession of the petitioner. The petitioner has never indulged in sell and supply of Ganja. The petitioner has no concern with the seized contraband. Learned counsel for the petitioner submits that the seized contraband is less than commercial quantity, therefore, there is no rider of section 37 of the NDPS Act in allowing the bail application. There is also non-compliance of mandatory provisions of Section 42 and 50 of the N.D.P.S. Act. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 25.11.2024 without any rhymes or reason.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioner, the petitioner having no criminal antecedent as also the recovered contraband being below the commercial quantity, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten
Patna High Court CR. MISC. No.4410 of 2025(2) dt.04-02-2025 3/3 thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Aadapur P.S. Case No. 391 of 2024.
(Rudra Prakash Mishra, J) rishi/- U T