Pappu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13564 of 2024 Arising Out of PS. Case No.-998 Year-2023 Thana- BARACHATTI District- Gaya ====================================================== Pappu Yadav son of Govind Yadav Village- Hahesari Ps- Dhangai Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Aryan Singh, Advocate For the State :
Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Barachatti P.S. Case No. 998 of 2023 instituted for the offence under Sections 18, 20 & 22 of the NDPS Act.
3.
Prosecution case in a nutshell is that there is recovery of 40 Kg of Poppy straw from the bag which was laden on the bike of the petitioner.
4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits recovered quantity is below the commercial
Patna High Court CR. MISC. No.13564 of 2024(2) dt.05-03-2024 2/2 quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. The petitioner is in custody since 16-112023 and has got no criminal antecedent. There is no compliance of Sections 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, period of custody of the petitioner, clean antecedent of the petitioner and the fact that recovered quantity comes below the commercial quantity, this Court is inclined to grant bail to the petitioner.
7.
Let the petitioner be released on bail 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 Barachatti P.S. Case No. 998 of 2023.
(Rudra Prakash Mishra, J) Raj Kishore/- U T