Sanjay Yadav v. Union Of India Through Its Investigation Officer, Narcotics Control Bureau, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24585 of 2023 Arising Out of PS. Case No.-16 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Sanjay Yadav Son Of Siyaram Yadav Resident Of Village-Dhema, PostBadlapur, P.S.-Badlapur, District-Jaunpur (U.P.)-222125. ... ... Petitioner/s

Versus

Union Of India Through Its Investigation Officer, Narcotics Control Bureau, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Srivastava For the Opposite Party/s :

Mr.Ram Anurag Singh, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-07-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel on behalf of the Central Government(NCB).

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 8(c) read with 21(c), 25 and 29 of the NDPS Act.

As per prosecution case, on the basis of information, NCB team reached at the place of occurrence and recovered 1200 bottles of DIALEX-DC each containing 100 ml Codeine based cough syrup from a truck bearing Reg. No. MH-06AC-8655 and thereafter, seizure list was

Patna High Court CR. MISC. No.24585 of 2023(5) dt.26-07-2023 2/3 recovered.

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 suspicion. It is further submitted that petitioner has no concern either with the seized medicinal materials or with the vehicle in question. It is also submitted that petitioner had no knowledge about the illegal material was loaded in the said vehicle, he was just carrying the vehicle as a driver. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 08.06.2022.

Learned APP appearing for the state and learned counsel on behalf of the Central Government(NCB) have 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 Special Case No. 188 of 2022 arising out of N.C.B. Case No. 16 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two

Patna High Court CR. MISC. No.24585 of 2023(5) dt.26-07-2023 3/3 sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XVIII, Patna.

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