Brahmanand Yadav @ Brahmanand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11202 of 2020 Arising Out of PS. Case No.-645 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== BRAHMANAND YADAV @ BRAHMANAND Son of Jovhri Yadav @ Johari Yadav Resident of Village - Bela Ward No.7, P.S.- Basmatiya (Narpatganj), Distt.- Araria.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Mohan Kumar Son of Tejpal Singh (Company Commander) 56 B, BSSB Araria. Resident of Village - Biharipur, P.O.- Sarurpur Kala, Dist.- Bagpat. (U.P.) 3.

The Union of India.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr.Prakash Chandra Agrawal, Advocate For the State :

Mr.Ramchandra Singh, Advocate For UOI :

Mr. S.D.Sanjay, Addl. S.G.

For O.P. 2 :

Mr. Ravindra Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-06-2020 Heard learned counsel for the parties.

The petitioner is in custody in connection with Narpatganj (Basmatiya OP) P. S. Case No. 645 2019 for the offenses under Sections 20,22, & 23 of the NDPS Act, 1985. Learned counsel for the petitioner would submit that the petitioner has no criminal antecedent. In the instant case during search one Kg. Ganja, 236 bottles of Dialex, DC codeine containing cough syrup, 368 tablets of Nitravet and Spasmo Proxy Von, 392 Capsules and Nepali and Indian currency were recovered. The petitioner is in custody since 20.11.2019.

Patna High Court CR. MISC. No.11202 of 2020(3) dt.05-06-2020 2/2 Mr. S.D.Sanjay, learned Additional Solicitor General prays for adjournment of the case notwithstanding the fact that the petitioner has no criminal antecedent and he is languishing in jail since November, 2019 in a case where recovery of Ganja is only 1 Kg.

Considering the fact that the petitioner has no criminal antecedent and he is in custody since 20.11.2019, the Court is inclined to grant bail to the petitioner. Let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/-(Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Forbisganj, Dist. Araria in connection with Narpatganj (Basmatiya OP) P. S. Case No.645 2019. (Anil Kumar Upadhyay, J) spandey/- U T