Patna High CourtCR. MISC./16133/2023allowed

Tripurari Yadav @ Rakesh Yadav @ Rakesh Kumar Yadav v. The State Of Bihar

2023-07-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16133 of 2023 Arising Out of PS. Case No.-386 Year-2022 Thana- TATARPUR District- Bhagalpur ====================================================== Tripurari Yadav @ Rakesh Yadav @ Rakesh Kumar Yadav Son Of Arjun Yadav R/O Urdu Bazar, P.S.- Tatarpur, District- Bhagalpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Md Fazle Karim For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 21, 22 of the NDPS Act and Sections 18, 27 of the Drugs and Cosmetics Act.

As per prosecution case, it is a case of recovery of total 16 bottles contraband syrup each containing 100 ml from the Khatal of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. The petitioner has no concern with the alleged

Patna High Court CR. MISC. No.16133 of 2023(3) dt.13-07-2023 2/2 recovery nor the place of recovery belongs to him. He has got no criminal antecedent. It is further submitted that the recovered article does not come within the purview of commercial quantity. Moreover, the petitioner is languishing in judicial custody since 12.12.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

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 in connection with Tatarpur P.S. Case No. 386 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Bhagalpur.

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