Bijay Yadav @ Bijay Kumar Yadav@ Bijoy Yadav @Bijoy Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18697 of 2019 Arising Out of PS. Case No.-8 Year-2019 Thana- AMARPUR District- Banka ====================================================== Bijay Yadav @ Bijay Kumar Yadav@ Bijoy Yadav @BIJOY Kumar Yadav Son of Kamleshwari Yadav Resident of Village - Dumrama, P.S.- Aramrpur, Distt - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Kumar For the Opposite Party/s :

Mrs. Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-03-2019 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 06.01.2019 in a case registered for the offences punishable under Sections 20, 22 and 25 of the NDPS Act.

The prosecution case is that on secret information that the petitioner Bijay Yadav, co-accused, Ankit Kumar and Sumit Kumar use to sell Ganja, a raid was laid and from adjacent to the wooden shop of the petitioner, 54 grams and from the wooden shop of co-accused Ankit Kumar and Sumit Kumar, 69

Patna High Court CR. MISC. No.18697 of 2019(2) dt.29-03-2019 2/3 grams of ganja were recovered.

It is submitted by learned counsel for the petitioner that admittedly recovery has been made from adjacent to the wooden shop of the petitioner, hence recovery cannot be treated from the conscious physical possession of the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Moreover, similarly situated co-accused Ankit Kumar and Sumit Kumar, from whose wooden shop, 69 grams of ganja were recovered, have been granted bail by a Co-ordinate Bench of this Court, vide order dated 06.03.2019, passed in Cr. Misc. No. 13102 of 2019. Learned APP that recovery has been made from adjacent to the wooden shop of the petitioner.

Considering the recovery from adjacent to the wooden shop of the petitioner, the recovery being small quantity and similarly situated co-accused persons being granted bail by a Co-ordinate Bench of this Court, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sessions Judge, Banka in connection with

Patna High Court CR. MISC. No.18697 of 2019(2) dt.29-03-2019 3/3 Special Case No. 01 of 2019 arising out of Amarpur P.S. Case No. 8 of 2019.

(Dinesh Kumar Singh, J) Amrendra/- U T