Rahul Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6577 of 2024 Arising Out of PS. Case No.-328 Year-2023 Thana- RAGHOPUR District- Supaul ====================================================== Rahul Kumar Yadav S/o Chulhay Yadav R/o Vill - Belhi, P.S. - Jaynagar, Dist. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Raghopur P.S Case No. 328 of 2023 registered for the offence punishable under Section 8 (c), 21 (c), 29 N.D.P.S. Act 1985.

3. As per allegation in the FIR, total 64 gram brown sugar has been recovered.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that two co-accused persons already granted bail by Co-ordinate Bench of this Court in Cr.

Patna High Court CR. MISC. No.6577 of 2024(2) dt.17-02-2024 2/3 Misc. No. 2924 of 2024 and Cr. Misc. No. 85973 of 2023. The recovered contraband does not come within the purview of commercial quantity. He further submits that nothing has been recovered from the possession of the petitioner and he is in judicial custody since 07.09.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Sessions Judge - cumSpecial Judge NDPS, Supaul in the connection with Raghopur P.S Case No. 328 of 2023.

7. The trial court is directed to conclude the proceeding of framing of charge according to law a period of 15 days from the date of receipt of a copy of

Patna High Court CR. MISC. No.6577 of 2024(2) dt.17-02-2024 3/3 this order. However, it is made clear that if the chargesheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) Mayank/- U T