Indradeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7064 of 2022 Arising Out of PS. Case No.-257 Year-2021 Thana- LAUKAHI District- Madhubani ====================================================== Indradeo Yadav Son of Parmeshwar Yadav Resident of Village - Kariyout, P.s.- Laukah, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav :

Mr. Ravi Prakash For the State :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Laukahi P.S. Case No. 257 of 2021 registered for the offence under Section 20 (b)(ii)(c) of NDPS Act.

The accused/petitioner is named in the F.I.R. and is in custody since 11.11.2021.

The allegation against the petitioner is to be involved in the illegal business of Ganja, where recovery is of 3.25 kg. Learned counsel appearing on behalf of the petitioner submitted that petitioner has been falsely implicated in this case

Patna High Court CR. MISC. No.7064 of 2022(2) dt.22-06-2022 2/3 as such nothing incriminating has been recovered from the conscious physical possession of the petitioner. It has further been submitted that petitioner is a man of clean antecedent and recovered Ganja is less than smaller quantity. Chargesheet has already been submitted in this case, as such there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State while opposing the prayer of bail fairly conceded that nothing incriminating has been recovered from the conscious physical possession of the petitioner.

Considering the facts and circumstances as mentioned above, as alleged recovery of Ganja is not from the conscious physical possession of the petitioner coupled with the fact that petitioner is a man of clean antecedent, let the petitioner, above named, is directed to be released on bail in connection with Laukahi P.S. Case No. 257 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Madhubani, subject to the following conditions: "(i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the

Patna High Court CR. MISC. No.7064 of 2022(2) dt.22-06-2022 3/3 Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

(ii) That one of the bailors shall be Rajdeo Yadav, who is the younger brother of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) Ankit/- U T