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Patna High CourtCR. MISC./23887/2024allowed

Shiv Muni Yadav v. The State Of Bihar

2024-04-04Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23887 of 2024 Arising Out of PS. Case No.-93 Year-2023 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== Shiv Muni Yadav S/o Late Bihari Yadav R/o vill - Bahadurpur, P.S. - Jamaniya, Distt. - Gajipur (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-04-2024 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(c), 21(c), 22, 27(A), 29 of NDPS Act.

It is a case of recovery of 510 grams of Heroine Heroine like narcotics substance from a motorcycle. Two persons were apprehended on spot who disclosed their name as Manoj Singh Yadav and Chandrajeet Yadav.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.23887 of 2024(2) dt.04-04-2024 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner was apprehended on spot nor anything incriminating has been recovered from his conscious possession. He has no concern with the motorcycle in question. His name sprang up in this case on the basis of confessional statement of apprehended co-accused persons. Moreover, the petitioner is languishing in judicial custody since 12.12.2023.

Learned APP appearing for the State has vehemently 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 Durgawati P.S. Case No. 93 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each

Patna High Court CR. MISC. No.23887 of 2024(2) dt.04-04-2024 3/3 to the satisfaction of the learned Sessions Judge-cumSpecial Judge (NDPS), Kaimur, Bhabua. (Sunil Kumar Panwar, J) Nirajkrs/- U T