Devendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27257 of 2021 Arising Out of PS. Case No.-547 Year-2020 Thana- HARSIDHI District- East Champaran ====================================================== DEVENDRA YADAV Son of Kashi Nath Yadav Resident of Village- Gaighat Mangnuha, P.S.- Harsidhi, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prateek Tandon For the Opposite Party/s :
Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-11-2021 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner seeks bail in connection NDPS Case no. 75/2020 arising out of Harsidhi P.S. Case no. 547 of 2020 registered for the offence punishable under sections 399, 402, 411, 412 and 413 of the Indian Penal Code read with sections 25(I-b)a, 26 and 35 of the Arms Act as well as sections 21, 22 NDPS Act.
Learned counsel for the petitioner submits that petitioner is in custody since 25.12.2020 and has two antecedent as mentioned in para 3 of the petition. Learned counsel for the petitioner further submits that from perusal of the allegation as alleged in the FIR, it would manifest that though FIR has been instituted under NDPS Act but there is recovery of one loaded
Patna High Court CR. MISC. No.27257 of 2021(3) dt.23-11-2021 2/2 pistol and one cartridge from the possession of the petitioner which has come in the impugned order.
Learned APP vehemently opposed the prayer for bail. Considering the facts that petitioner is in jail custody since 25.12.2020 and charge sheet has been submitted, the petitioner is directed to be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sessions Judge-cumSpecial Judge NDPS Act, East Champaran, Motihari in NDPS Case no. 75/2020 arising out of Harsidhi P.S. Case no. 547 of 2020.
(Satyavrat Verma, J) s.hassan/- U T