Satrughan Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12137 of 2024 Arising Out of PS. Case No.-49 Year-2023 Thana- LADANIA District- Madhubani ====================================================== Satrughan Kumar Yadav Son of Rajeshwar Yadav Resident of VillageDonwari, Police Station- Ladaniya, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Mishra, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with G.R. No. 13 of 2023 arising out of Ladaniya P.S. case No. 49 of 2023 instituted for the offences under Sections 20/22 of the N.D.P.S. Act.

3. Prosecution case, in short, is that total 10.5 kg ganja has been recovered in this case from a motorcycle.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Petitioner is in custody since 01.12.2023 and has no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.12137 of 2024(2) dt.28-02-2024 2/2 petitioner. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner has no concern with the motorcycle from which the recovery has been made. Learned counsel further submitted that nothing has been recovered from the motorcycle of the petitioner. The recovered contraband is below commercial quantity, and hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Section 42 and 50 of the N.D.P.S. Act.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ladaniya P.S. case No. 49 of 2023. (Rudra Prakash Mishra, J) Alok Verma/- U T