Bhushan Yadav @ Bhushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13008 of 2023 Arising Out of PS. Case No.-281 Year-2022 Thana- MADHEPURA District- Madhepura ====================================================== Bhushan Yadav @ Bhushan Kumar Son Of Umesh Yadav R/O Village - Bharrahi Tola, Ward No.- 03, P.S.- Madhepura (Bharrahi O.P.), District - Madhepura ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 414 of the Indian Penal Code, Section 21 (b), 22(b) of N.D.P.S. Act and Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 11 litres of Codeine Phosphate Triprolidine Hydrochloride Wiscof Syrup from the maize field and a stolen motorcycle from the house of petitioner.

Patna High Court CR. MISC. No.13008 of 2023(2) dt.05-05-2023 2/3 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has no concern with the alleged recovery or with the place of occurrence. The name of the petitioner has been disclosed in this case by the apprehended co-accused, Babul Kumar, before the police, which has got no evidentiary value in the eye of law. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. He is languishing in judicial custody since 19.12.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period under custody, this court is inclined to enlarge the petitioner on bail. The above named

Patna High Court CR. MISC. No.13008 of 2023(2) dt.05-05-2023 3/3 petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, N.D.P.S. Act, Madhepura in connection with Madhepura (Bharrahi) P.S. Case No. 281 of 2022.

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