Indradeo Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8750 of 2024 Arising Out of PS. Case No.-207 Year-2023 Thana- DHANAHA District- West Champaran ====================================================== Indradeo Yadav Son of Late Ram Narayan Yadav R/o vill - Lachhanahi, South Tola, P.S. - Dhanaha, Distt. - West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kr Singh No. 1, Advocate For the Opposite Party/s :
Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-02-2024
1. Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
2. The accused/petitioner is named in the F.I.R. and apprehending his arrest in connection with Dhanaha P.S. Case No. 207 of 2023 registered for the offences punishable under Sections 8 and 20 (b)/(ii) (b) of the Narcotic Drugs and Psychotropic Substances Act.
3. The allegation against the petitioner is to have in possession of contraband ganja i.e., about 1.9 kilograms.
4. Learned counsel appearing on behalf of the petitioner submitted that alleged recovery of contraband i.e.,
Patna High Court CR. MISC. No.8750 of 2024(2) dt.20-02-2024 2/3 ganja appears to be made from the bush situated behind the cattle house, wrapped in white plastic. It is submitted that place of recovery is open and easily accessible by general public and as such recovery of contraband in issue cannot be connected in any manner with this petitioner. It is also submitted that quantity of contraband in issue is just above small quantity i.e., 1.9 kilograms. While concluding the argument it is submitted that petitioner is a man of clean antecedent.
5. Learned APP appearing on behalf of the State, opposes the prayer for bail.
6. In view of the facts and circumstances and by taking note of the fact as 1.9 kilograms of contraband i.e., ganja recovered from the bush behind the cattle house of the petitioner, which is an open place and easily accessible by general public, accordingly, the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned District and Sessions Judge, West Champaran, Bettiah/concerned Court below where the case is pending in connection with Dhanaha P.S. Case No. 207 of 2023 subject to
Patna High Court CR. MISC. No.8750 of 2024(2) dt.20-02-2024 3/3 the conditions as laid down under Section 438(2) of the Cr.P.C. (Chandra Shekhar Jha, J.) S.Tripathi/- U T