Patna High CourtCR. MISC./25179/2024bail granted

Deepak Kumar Yadav @ Bhalta Yadav @ Deepak Yadav v. The State Of Bihar

2024-04-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25179 of 2024 Arising Out of PS. Case No.-304 Year-2023 Thana- JOGBANI District- Araria ====================================================== Deepak Kumar Yadav @ Bhalta Yadav @ Deepak Yadav S/O Late Haruni Yadav R/O Indranagar, Ward No. 4, P.S- Jogbani, Distt.- Araria. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Dheeraj Kumar, Advocate For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Jogbani P.S. case No. 304 of 2023 instituted for the offences under Sections 17, 21 and 22 of the N.D.P.S. Act.

3. Prosecution allegation, in short, is that the 19.46 gram smack has been recovered in this case out of which 8.53 gram smack has been recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is in custody since 20.01.2024 and has got six criminal antecedents in which he is on bail. Chargesheet has been submitted in this case. At the time of seizure,

Patna High Court CR. MISC. No.25179 of 2024(2) dt.04-04-2024 2/2 the petitioner was not present at the spot. No incriminating material has been recovered from the conscious possession of the petitioner. The recovered contraband is below the commercial quantity. Hence, Section 37 of the N.D.P.S. Act is not applicable in the present case. There is no compliance of Sections 42 and 50 of the N.D.P.S. Act.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the period of custody undergone by the petitioner and the recovered contraband below commercial quantity, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court below/concerned Court in connection with Jogbani P.S. case No. 304 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T