Shankar Ram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10767 of 2025 Arising Out of PS. Case No.-551 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== Shankar Ram Yadav S/O Sildhar Yadav Resident of Village- Mundapara, P.S.- Pathal Gawa, District- Jaspur (Chhatisgarh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-05-2025 Heard Learned counsel for the petitioner and Learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Excise Sadar Aurangabad P.S. Case No. 551 of 2024 lodged on 06.06.2024, for the offence punishable under Sections 20(b) & 22 of the N.D.P.S. Act.

3. Learned counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected vide order dated 01.10.2024 passed in Cr. Misc. No. 67928 of 2024 with liberty granted to the petitioner to renew his prayer for bail three months after framing of charge. Counsel submits that charge has already been framed in this case on 09.09.2024 and more than three months have been lapsed after framing of charge. Counsel further submits that petitioner is in custody since 07.06.2024 having clean antecedent. Counsel submits that

Patna High Court CR. MISC. No.10767 of 2025(3) dt.16-05-2025 2/2 the recovery of ganja in this case is less than the commercial quantity but more than the small quantity.

4. Learned APP for the State opposes the prayer for bail of the petitioner and submits that on earlier occasion, report with regard to present stage of the trial has been called for and from the said report, it transpires that presently, the case is at the stage of evidence of prosecution witnesses.

5. In the present facts and circumstances of this case, let the petitioner above named be granted bail, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the Bharatiya Nagarik Suraksha Sanhita, 2023 to the satisfaction of Special Judge (N.D.P.S) cum-A.D.J.-1st, Aurangabad, in connection with Excise Sadar Aurangabad P.S. Case No. 551 of 2024, subject to the conditions as laid down U/s 480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Dr. Anshuman, J) Divyansh/- U T