Patna High CourtCR. MISC./26098/2017bail granted

Chandan Yadav v. The State Of Bihar

2017-06-12Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26098 of 2017 Arising Out of PS.Case No. -187 Year- 2016 Thana -KHARAGPUR District- MUNGER ====================================================== Chandan Yadav, son of Late Devki Yadav, resident of Village/MohallaChandi Asthan, Police Station- Kotwali, District- Munger .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Sanjiv Kumar Singh, Advocate. For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-06-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Kharagpur P.S. Case No. 187 of 2016 registered under Sections 22 and 22 of the N.D.P.S. Act.

As per the prosecution case, 4 Kg Ganja was recovered from the house of the accused Lakshman Sah and Lakshman Sah was apprehended on the spot and other co-accused managed to escape and as per the account of Lakshman Sah, the fleeing accused was the petitioner, Chandan Yadav. It is submitted by learned counsel for the petitioner that no incriminating article was recovered from the conscious physical possession of the petitioner rather from the possession of

Patna High Court Cr.Misc. No.26098 of 2017 (2) dt.12-06-2017 2/2 the accused Lakshman Sah. The petitioner was not apprehended on the spot. He has been named in the case only by the apprehended co-accused Lakshman Sah. The petitioner is languishing in custody since 28.03.2017.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J. 1st, (Special Court), N.D.P.S. Act, Munger in connection with Kharagpur P.S. Case No. 187 of 2016.

(Prakash Chandra Jaiswal, J) Mishra/- U T