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Patna High CourtCR. MISC./15888/2023allowed

Mahesh 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.15888 of 2023 Arising Out of PS. Case No.-584 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== Mahesh Yadav Son Of Sadhu Yadav Resident Of Village- Rupahi Tar, PsBhitaha, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== 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 filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 8, 20(B) (ii)(C ), 29 of the N.D.P.S. Act. The prosecution case relates to recovery of 12.500kg Ganja like substance from the trolley bag of the petitioner. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The alleged recovery of ganja from the petitioner has not come within the purview of commercial quantity. There is complete violation of Section 50 of the NDPS Act. It is also submitted that petitioner is languishing in judicial custody since 09.08.2022.

Learned APP appearing for the State has vehemently

Patna High Court CR. MISC. No.15888 of 2023(3) dt.13-07-2023 2/2 opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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 in connection with Bettiah Town P.S. Case No. 584 of 2022 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 District & Sessions Judge-III-cum-Special Judge (M.P. & M.L.A.), Bettiah, West Champaran.

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