Sanjay Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11443 of 2024 Arising Out of PS. Case No.-271 Year-2023 Thana- TATARPUR District- Bhagalpur ====================================================== Sanjay Kumar Yadav Son of Munna Prasad Yadav Resident of Mohalla- Gwal Toli, P.S. Jogsar, District- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Subodh Prasad, Advocate For the Opposite Party/s :
Mr.Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Tatarpur P.S. Case No. 271/2023, lodged on 17.10.2023 under Sections 20 and 22 of the NDPS Act.
3. As per the prosecution case, the present FIR has been lodged against the sole petitioner upon recovery of 23.66 grams of brown sugar from his possession.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that whether the alleged recovered contraband is NDPS material or not, has not been ascertained, as mentioned in the FIR itself. The petitioner is in custody since 18.10.2023 and is accused in two more criminal cases, but in both cases, he has
Patna High Court CR. MISC. No.11443 of 2024(3) dt.18-04-2024 2/2 been granted bail. Moreover, the alleged recovered contraband is less than the commercial quantity and higher than the small quantity.
5. Learned counsel for the State opposes the prayer for bail and submits that the antecedent of the petitioner is not clean and he is accused in two more criminal cases of similar nature though the quantity of the recovered contraband from his possession is much below than the commercial quantity but higher than the small quantity. Moreover, from the antecedent of the petitioner, he appears to be a habitual offender.
6. In the present facts and circumstances, I am not inclined to grant regular bail to the petitioner.
7. Accordingly, the prayer for regular bail of the petitioner in connection with Tatarpur P.S. Case No. 271/2023, pending before the learned CJM, Bhagalpur is hereby rejected. (Dr. Anshuman, J) Ashwini/- U T