Patna High CourtCR. MISC./17847/2023bail granted

Abhishek Kumar Yadav v. The State Of Bihar

2023-08-03Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17847 of 2023 Arising Out of PS. Case No.-550 Year-2022 Thana- SAHPUR District- Patna ====================================================== Abhishek Kumar Yadav Son Of Sanjay Yadav R/V- Malviya Nagar, Gali No. 1, Ps- Malviya Nagar, Dist-Indore (M.P.) At Present Village- Mubarakpur, P.S- Sahpur, Dist- Patna ... ... Petitioner/s

Versus

The State of Bihar 2.

The Union of India through the Intelligence Officer, Narcotics Control Bureau, Patna Zonal Unit Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar, Adv.

For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Spl. Case No. 07 of 2023 arising out of Shahpur P.S. Case No. 550 of 2022 dated 11.11.2022 registered for the offences u/s 414 of the Indian Penal Code and sections 20 and 22 of the NDPS Act.

4. As per the prosecution case, total 8 grams of smack kept in 8 puriya was recovered from the pocket of the petitioner.

Patna High Court CR. MISC. No.17847 of 2023(4) dt.03-08-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The seized contraband is not of commercial quantity. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 12.11.2022.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Spl. Case No. 07 of 2023 arising out of Shahpur P.S. Case No. 550 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T