Patna High CourtCR. MISC./16437/2024allowed

Punit Yadav v. The State Of Bihar

2024-03-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16437 of 2024 Arising Out of PS. Case No.-251 Year-2023 Thana- KASIMBAZAR District- Munger ====================================================== Punit Yadav S/O Late Mahendra Yadav R/O Village- Shivkund Chharra Patti, P.S- Dharahara, Distt.- Munger.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Suman Kumar Mishra For the Opposite Party/s :

Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8/20(b) (ii)B of the N.D.P.S. Act.

3. The petitioner is alleged to have been apprehended with a motorcycle bearing Registration No. BR08F-7948 from where total 1.5 kg ganja like contraband substance was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no concern with the alleged recovery of ganja like narcotic substance and the same is alleged to be 1.5 kg which does not

Patna High Court CR. MISC. No.16437 of 2024(2) dt.12-03-2024 2/2 come under purview of commercial quantity as per N.D.P.S. Act. So far as motorcycle is concerned, the same belongs to the petitioner. It is further submitted the provision of N.D.PS. Act has not been followed by the prosecution. Moreover, the petitioner is languishing in judicial custody since 19.10.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail after framing of charge, if not framed in connection with Kasim Bazar P.S. Case No. 251 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Sessions Judge, Munger.

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