Radhey Shyam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7891 of 2022 Arising Out of PS. Case No.-129 Year-2021 Thana- MANJHAGARH District- Gopalganj ====================================================== Radhey Shyam Yadav, Son of Ramashray Chaudhary, R/O Village- Bahora Tola, P.S.- Manjhagarh, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Javed Aslam, Advocate For the State :

Mr. Brajendra Nath Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 22-08-2022 Heard Mr. Javed Aslam, learned counsel for the petitioner and Mr. Brajendra Nath Pandey, learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Trial No. 27 of 2021, arising out of Manjhagarh P.S. Case No. 129 of 2021, registered for the offence punishable under Sections 399, 402, 412 and 414 of the Indian Penal Code and Section 20(b)(ii)(c), 25 and 29 of the N.D.P.S Act, pending in the Court of learned Additional Sessions Judge-I, Gopalganj. The allegation is recovery of 02 kgs of Charas like substance from the accused persons, who were apprehended on the spot along with two motorcycles. The seizure-list was accordingly prepared.

Patna High Court CR. MISC. No.7891 of 2022(4) dt.22-08-2022 2/2 Learned counsel for the petitioner submits that the petitioner has not committed any offence nor he was carrying any psychotropic substance along with him rather the seized 02 kgs. of Charas like substance was recovered from the seat cover of the motorcycle. He further submits that the petitioner is not the owner of seized motorcycles bearing registration no. BR28F-3538 and BR-28T-0326 from which the alleged Charas has been recovered. The petitioner is in custody since 07.05.2021 on this ground, the petitioner seeks to be released on bail. Learned A.P.P. for the State submitted that petitioner was apprehended along with 02 Kgs. of Charas like substance, which is huge quantity and the petitioner is also involved in five other cases, it would not be proper to release the petitioner on bail.

Having considered the nature of allegation made against the petitioner and recovery of 02 Kgs. of Charas like substance, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for grant of regular bail is rejected. (Purnendu Singh, J) manish/- U T