Manish Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10404 of 2023 Arising Out of PS. Case No.-97 Year-2022 Thana- BALIA BELON District- Katihar ====================================================== Manish Kumar Yadav Son Of Radhe Yadav Resident Of Village - Basaitha Juri Mauji Tola, P.S.- Chausa, District - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 20(b), 21(b) of the NDPS Act.

It is a case of recovery of total 3.4 kg ganja like substance from the bag of this petitioner after that this case has been lodged.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. Petitioner was traveling by a tempo for going to his house from Katihar, but on the way police started checking

Patna High Court CR. MISC. No.10404 of 2023(2) dt.18-04-2023 2/2 the tempo and recovered ganja like substance from a bag, but the same does not belong to him. It is further submitted that the seizure list has not been prepared as per Section 50 of the NDPS Act. Petitioner is languishing in judicial custody since 06.08.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Balia Belon P.S. Case No. 97 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge-cum-Special Judge, Katihar.

(Sunil Kumar Panwar, J) Manish/- U T