Umakant Yadav v. The Union Of India, Through Narcotic Control Bureau, Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23710 of 2023 Arising Out of PS. Case No.-15 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== UMAKANT YADAV Son of Late Ram Charan Yadav Resident of VillagePo- Saunaha Ps- Palanwa District- East Champaran ... ... Petitioner/s

Versus

The Union of India, through Narcotic Control Bureau, Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shakil Ahmad Khan For the Opposite Party/s :

Mr. Manoj Kumar Singh, CGC Mr. Ankit Kumar Singh, JC ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned counsel for the N.C.B.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 8/20(b)(ii)(c), 25, 29 of the N.D.P.S. Act.

3. As per prosecution case, there has been recovery of 45 Kg Ganja from the vehicle bearing registration no. BR-224488.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not apprehended on spot. He submitted that the petitioner has no concern either with the seized vehicle or with the Ganja in question. He submitted that

Patna High Court CR. MISC. No.23710 of 2023(4) dt.29-08-2023 2/2 the co-accused, who apprehended on spot and on his confessional statement the name of the petitioner has come into light. No incriminating article has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 31.07.2022.

5. The application for bail is opposed by learned counsel for the N.C.B. and submitted that there is allegation against the petitioner that he loaded seized six packets (45Kg) of Ganja in the Maruti Car.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named 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 Court below in connection with Government Official Comp. P.S. Case No. 15 of 2019. (Sunil Kumar Panwar, J) arish/- U