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Patna High CourtCR. MISC./39852/2021bail granted

Pintu Yadav @ Vivek Yadav @ Pintu Kumar v. The State Of Bihar

2022-01-19Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39852 of 2021 Arising Out of PS. Case No.-79 Year-2020 Thana- SIKRAUL District- Buxar ====================================================== PINTU YADAV @ VIVEK YADAV @ PINTU KUMAR SON OF LALAN YADAV R/O VILLAGE- RANIBAGH, P.S.- KORANSARAI, DISTRICTBUXAR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 20(b)(ii)(c) and 22(b) of the NDPS Act.

As per the prosecution case, 7-8 grams of heroin is said to have been recovered from one Sidheshwar Bind @ Bullet. It is further stated that he confessed that he bought the heroin from the petitioner.

It is submitted by learned counsel for the petitioner that from the FIR itself it would be evident that no incriminating article has been recovered from the petitioner's possession who has been falsely implicated in the case. The only material

Patna High Court CR. MISC. No.39852 of 2021(2) dt.19-01-2022 2/2 against the petitioner is the statement of a co-accused made before police. The petitioner is in custody since 5.9.2020 and charge sheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner not having been arrested at the spot and having remained in custody for over 1 year, the Court directs the petitioner to be enlarged on bail in connection with Sikraul P.S. Case no. 79 of 2020 (NDPS Case no. 18 of 2020) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VII, Buxar.

(Partha Sarthy, J) Prakash/- U